Sites of archaeological interest

Information about the publication of Ministerial Decisions

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (27.06.07) to endorse the recommendation of Jersey Heritage Trust to designate Sites of Archaeological Interest

Subject:	Sites of archaeological interest: designation
Decision ref:	MD-PE-2007-0151	Exempt clause(s):		None
Type of report:	Written and oral	Report file ref:		3/04/12
Person giving report (if oral): Roger Hills and Kevin Pilley
Written report – author: Roger Hills and Kevin Pilley
Written Report Title: Sites of archaeological interest: designation
Decision(s): The Minister for Planning and Environment; 1. Endorsed the recommendation of JHT to designate Sites of Special Interest and Archaeological Sites and to define Areas of Archaeological Potential, as set out in the JHT report and schedule at Appendix 1; 2. Acknowledged the considerable work and effort of JHT in collating and producing the schedule of sites of archaeological interest; 3. Endorsed the proposed processes for designation and definition of the proposed sites of archaeological interest and accordingly: a. authorised officers to prepare Notices of Intent to designate those sites to be defined as SSI and AS, and; b. authorised officers to undertake the relevant consultation in relation to the definition of AAPs as supplementary planning guidance, in the form of a White Paper.
Reason(s) for decision: The sites proposed for designation satisfy the relevant criteria for such as set out in the adopted and published supplementary planning guidance Archaeology and Planning (January 2007); The decision accords and contributes to the attainment of the Minister’s obligations under law, international convention and the Strategic Plan; The decision satisfies the requirements of law under Articles 6 and 51 of the Planning and Building (Jersey) Law 2002, and the Code of Practice on Public Consultation.
Action required: Prepare a letter to JHT which acknowledges the considerable work and effort of JHT in collating and producing the schedule of sites of archaeological interest; Prepare Notices of Intent for all those sites to be designated as SSI and AS; Prepare and undertake consultation in accord with Code of Practice on Public Consultation for the definition of AAPs as supplementary planning guidance.
Signature: (Minister/ Assistant Minister)			Date of Decision:

Sites of archaeological interest - designation

		Item No:
		Date:

PLANNING AND ENVIRONMENT

Sites of archaeological interest: designation

Purpose and background

In January 2007 the Minister for Planning and Environment adopted and published new supplementary planning guidance (Archaeology and Planning: Planning Policy Note 1) which set out how the Island’s archaeological resource would be identified and categorised. This has provided the framework for a considerable body of work that has been undertaken by Jersey Heritage Trust to consolidate and categorise all the known information about the Island’s archaeological resource.

The outcome and process for progressing this work is presented in a report and accompanying schedule, prepared by JHT under the existing service level agreement with the Planning and Environment Department, at Appendix 1, including a recommendation that the Minister supports and adopts these designations.

This covering report deals with procedural matters of designation and adoption.

Discussion

The recommendations of the JHT report are supported: designation of such sites is a key component in the operation of the planning policy regime where development meets archaeology, and is critical to enable archaeology to be properly considered.

It is also considered appropriate that the considerable work and effort of JHT in contributing significantly to the achievement of this long-awaited work that is fundamental to the protection of the Island’s archaeology, is formally recognised and acknowledged.

There are, however, a number of procedural issues that need to be addressed in respect of the various categories of designation, which are set out below:

Sites of Special Interest: these proposed designations need to be made in accord with the procedures set out under law. The Minister is required to serve formal notice of intent upon the owner and/or site to allow opportunity for representation before these designations can be confirmed.

Archaeological Sites (AS): These are the archaeological equivalent of Buildings of Local Interest in that it is proposed that these sites are added to the Register of Buildings and Sites of Architectural, Archaeological and Historical Importance. There is no formal procedure for consultation, but it is considered appropriate that a similar process to that required for SSIs is adopted, to allow notice to be served and opportunity for representation to be made.

Areas of Archaeological Potential (AAPs): all of the designations or definition of a site’s archaeological interest give effect to the existing requirements of Policy G12 of the Island Plan (at Appendix 2) which requires an archaeological evaluation to be carried out for development proposals which affect archaeological remains. In the case of the two former designations – SSI and AS – their categorisation and definition is postulated on the basis of known archaeological evidence and their designation as such carries with it a presumption of protection of the archaeological resource, as set out in G12 and expanded upon in the guidance provided by Planning Policy Note 1. AAP’s are, however, based on the inference of potential archaeological interest and, as such, serve simply to give greater geographical clarification to where archaeology may be found. On this basis, it is considered that the definition of AAPs should be issued in the form of supplementary planning guidance to inform the application of policy and to more accurately define where Policy G12, and other supporting guidance, will normally come into effect.

As with other guidance, it is proposed that consultation be undertaken on the basis of that set out in the Code of Practice on Public Consultation, involving the issue of a White Paper and the establishment of an eight week consultation period.

Legal and other implications

Identification and protection of the Island’s known archaeological resource contributes to the obligations of the Minister under law and international convention.

The Minister is empowered to protect sites of special interest under Article 51 of the Planning and Building (Jersey) Law 2002 and – in the case of Archaeological Sites and Areas of Archaeological Potential – to issue guidance about specific sites and areas of the Island under Article 6.

Consultation requirements

The consultation requirements for Sites of Special Interest are determined by law as set out above. Whilst there is no legal obligation to consult in respect of the designation of ASs, it is considered unfair not to do so and must also represent good practice: accordingly, it is proposed that a similar procedure for SSI designation is adopted.

The Code of Practice for consultation will be followed in the case of issuing supplementary planning guidance related to the definition of Areas of Archaeological Potential (AAPs).

It is considered that there is no requirement for the matter of the designation and definition of archaeological sites to be referred to the Council of Ministers.

Recommendation

On the basis of the above and the attached, it is recommended that the Minister for Planning and Environment;

1. Endorses the recommendation of JHT to designate Sites of Special Interest and Archaeological Sites and to define Areas of Archaeological Potential, as set out in the JHT report and schedule at Appendix 1;

2. Formally acknowledges the considerable work and effort of JHT in collating and producing the schedule of sites of archaeological interest;

3. Endorses the proposed processes for designation and definition of the proposed sites of archaeological interest and accordingly:

a. authorises officers to prepare Notices of Intent to designate those sites to be defined as SSI and AS, and;

b. authorises officers to undertake the relevant consultation in relation to the definition of AAPs as supplementary planning guidance, in the form of a White Paper.

Reason(s) for Decision

The sites proposed for designation satisfy the relevant criteria for such as set out in the adopted and published supplementary planning guidance Archaeology and Planning (January 2007);
The decision accords and contributes to the attainment of the Minister’s obligations under law, international convention and the Strategic Plan;
The decision satisfies the requirements of law under Articles 6 and 51 of the Planning and Building (Jersey) Law 2002, and the Code of Practice on Public Consultation.

Action Required

1. Prepare a letter to JHT which acknowledges the considerable work and effort of JHT in collating and producing the schedule of sites of archaeological interest;

2. Prepare Notices of Intent for all those sites to be designated as SSI and AS;

3. Prepare and undertake consultation in accord with Code of Practice on Public Consultation for the definition of AAPs as supplementary planning guidance.

Written by:

Kevin Pilley

Assistant Director: Planning and Building Services

Approved by:

Peter Thorne

Director: Planning and Building Services

Attachments:

Appendix 1: Archaeological sites of interest – report and schedule

Appendix 2: Policy G12

File ref: 3/04/12

Date: 21 June 2007