PLANNING AND ENVIRONMENT
List as a Site of Special Interest
14 Hilgrove Street, St Helier
Purpose of the Report
To provide the Minister with an opportunity to decide whether to add 14 Hilgrove Street, St Helier to the List of Sites of Special Interest.
Background
14 Hilgrove Street, St Helier is presently designated as a Building of Local Interest (BLI).
It was first identified as an historic building in August 1992 when it was entered into the then Island Development Committee’s informal Register of Buildings of Archaeological, Architectural and Historical Importance with a Grade ‘L’, defined as a building of local interest to the locality (compared with ‘full’ designation as a Site of Special Interest Grades 1-3).
In 1998, following the introduction of the Planning and Environment Committee’s Interim policies for the conservation of historic buildings, which also introduced the two-tier system of designation of Sites of Special Interest and Buildings of Local Interest, together with detailed criteria for their assessment, it was registered as a Building of Local Interest.
In 2004, as a result of an appeal to the Royal Court in relation to the refusal of planning permission for the demolition of a number of registered buildings in the town centre, including 12,14 and 16-18 Hilgrove Street and 8-10 and 12 Halkett Street, St Helier (Trump Holdings Ltd v. Planning and Environment Committee [2004 JLR 16]), the inherent heritage value of 14 Hilgrove Street was closely scrutinised and tested by the Royal Court. The Court supported the Committee’s view that because of the building’s historic, architectural and scenic interest that it was entirely warranted to include this building in the Register and to seek to protect it from demolition because of its heritage value.
The heritage value of this building was once again called into question in 2008. Under the terms of a Service Level Agreement to advise the Minister on matters of Listing and Registration, Jersey Heritage reviewed the heritage value of 14 Hilgrove Street in March 2008. The Assistant Minister considered a report on the matter prepared by Jersey Heritage dated 05 March 2008 (at appendix 1, with supporting documentation at appendices 2-4 incl.) and determined that this building and place was of sufficient interest to warrant its addition to the List of Sites of Special Interest (MD-PE-2008-0061 dated 09 April 2008). A notice of Assistant Minister’s intent to add this site to the List was served on the owner of the property on 09 April 2008 in order to provide an opportunity for representations to be made.
An extension of time for representations to be made was received from the owner’s legal representative: this was agreed and a representation was subsequently submitted dated 29 August 2008 (at appendix 5).
In October 2008, the Minister and the Assistant Minister met with representatives in relation to both the heritage value of the site and the development proposals for it and agreement was made that both issues would be dealt with concurrently. This agreement was, however, flawed on the basis that the heritage value of the building ought to inform the development and assessment of any development proposals for the site and is a matter that ought to be dealt with relative to the inherent worth of the structure, irrespective of development proposals for it.
The need to deal with these separately was communicated to the owner’s agent in June 2009 and reports were prepared to enable the heritage status of the building to be determined.
In April 2010, the department was advised that work had been undertaken to comprehensively strip the building of all of it’s internal features, despite the clear intent of the Minister to List it as a Site of Special Interest. Accordingly, Jersey Heritage was requested to reassess the building as a result of the material change to its interior. The supplementary report of Jersey Heritage (dated 20 May 2010) in this respect is attached at Appendix 8.
Discussion
The initial representation submitted (dated 29 August 2009) seeks to question the eligibility of this building’s designation as a Site of Special Interest relative to the adopted criteria for assessment. In so doing, it essentially seeks to offer a differing opinion to that put by the Department’s professional advisors. Jersey Heritage has sought to respond to the points made, as set out in its supplementary report at appendix 6 (dated 19 November 2008).
Jersey Heritage’s paper also deals with some misunderstandings about the basis of historic building protection in Jersey, evident in the representation.
The representation raises issues of future viable economic use and state of repair and condition of the building, and cites UK case law. It is the Department’s view that these matters are not material in determining whether or not the building itself has special interest which, by virtue of public importance, warrants statutory protection: these are matters which can only be properly considered, and weighed relative to any special interest, in the context of a planning application.
These detailed considerations of the buildings interior heritage value have been rendered invalid as a result of the wilful destruction and removal of all of the interior features. In light of such action, the matter before the Assistant Minister now is to determine whether the building warrants retention on the Register as a Building of Local Interest.
There is also a need to consider whether it also warrants designation as an Archaeological Site on the basis of the exposure of the internal structure of the building.
The matter of prosecution of the wilful destruction of the interior of the building is presently the subject of consideration by the Law Officer’s Department.
Legal and resource implications
The inclusion of buildings and places in the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey is consistent with the purposes of the Planning and Building (Jersey) Law 2002.
Recommendation
On the basis of the recommendation of Jersey Heritage to retain 14 Hilgrove Street, St Helier on the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as a Building of Local Interest and also to designate it as an Archaeological Site, because of its particular archaeological, architectural and historical interest and having considered those aspects of the representation that are material to the decision of determining whether or not this building has public importance as a result of this interest, the Assistant Minister is asked to confirm the retention of this building and place on the Register and its designation as an Archaeological Site.
Reason(s) for Decision
The particular interest of 14 Hilgrove Street, St Helier, as defined in the relevant reports and relative to the published criteria for selection, justifies its inclusion on the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey as a Building of Local Interest and its designation as an Archaeological Site in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and;
It accords with the States Strategic Plan commitment of protecting and enhancing the Island’s built heritage assets.
Action Required
1. Notify the owner
2. Update the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance in Jersey and the schedule of archaeological sites
3. Notify Development Control
Written by: | Assistant Director, Policy and Projects |
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Approved by: | |
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