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Historic Environment Protection Regime: Ecclesiastical Buildings: Review

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

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A decision made 14 April 2014:

Decision Ref:

MD–PE–2014-0018

Subject:

Review of the historic environment protection regime: Ecclesiastical buildings

Decision Summary Title:

DS - Ecclesiastical buildings

DS Author:

Director: Policy, Projects and the Historic Environment

DS Date:

27 February 2014

DS Status:

Public

Written Report Title:

WR – Review of the historic environment protection regime: Ecclesiastical buildings

WR Author:

Director: Policy, Projects and the Historic Environment

WR Date

27 February 2014

WR Status:

Exempt: 3.2.1(a)(v)

Oral Rapporteur:

Director: Policy, Projects and the Historic Environment / Principal Historic Environment Advisor

Decision(s):

The Minister for Planning and Environment:

  1. authorised officers to resume the formal Listing process for all outstanding ecclesiastical buildings in Jersey, which will afford the relevant authorities opportunity to make representations in accord with the prescribed process, should they so wish;
  2. noted legal opinion that there is no current legitimate statutory authority to establish any form of ecclesiastical exemption or waiver in Jersey for works to ecclesiastical buildings;
  3. authorised officers to engage with church authorities to ensure their awareness of the requirement for the permission of the Minister to be sought for works which affect the special interest of Listed buildings, and to develop management agreements prescribing the circumstances where permission will/will not be required for works to ecclesiastical buildings, as appropriate.

Reason(s) for Decision:

Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 requires the Minister to include on the List of Sites of Special Interest those buildings and places that the Minister is satisfied have public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attaches to the building or place.

Legal and Resource Implications:

None that are not already provided for within the roles, responsibilities and resources of the Department of the Environment, acting on behalf of the Minister.


Action required:

  1. officers to resume the formal Listing process for all ecclesiastical buildings that remain to formally reviewed;
  2. officers to engage with the relevant church authorities, including the Dean of Jersey; parish connétables; the Diocese of Portsmouth and local representatives of the Roman Catholic Church, as appropriate, relative to the Listing process and the regulatory process for the management of subsequent change to ecclesiastical buildings.

Signature:

 

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

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