Direction restricting permitted development for modern buildings of architectural quality

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A decision made 26 March 2010 regarding: Direction restricting permitted development for modern buildings of architectural quality.

Decision Ref:	MD–PE–2010-0028
Subject:	Direction restricting permitted development for modern buildings of architectural quality
Decision Summary Title:	DS - Direction restricting permitted development for modern buildings of architectural quality
DS Author:	Assistant Director
DS Date:	18 February 2010	DS Status:	Public
Written Report Title:	WR – Direction restricting permitted development for modern buildings of architectural quality
WR Author:	Assistant Director
WR Date	18 February 2010	WR Status:	Public
Oral Rapporteur:	Assistant Director
Decision(s):	The Minister for Planning and Environment gave direction that the permission granted by Article 2: Permitted development of the Planning and Building (General Development)(Jersey) Order 2008 shall not apply in respect of any development referred to in Part 2: Repairs, maintenance and temporary or minor works of the same order in respect of the buildings and land at the properties known as Morier House; Jersey Archive and West Park Apartments, St Helier, Jersey.
Reason(s) for Decision:	The Minister wishes to protect the architectural integrity and original design quality of some of the best modern buildings in Jersey, including Morier House, Jersey Archive and West Park Apartments.
Legal and Resource Implications:	Article 4 of the Planning and Building (General Development)(Jersey) Order 2008 enables the Minister for Planning and Environment to give direction restricting permitted development where the Minister is satisfied that in respect of a particular building or land that permitted development, as set out in the direction, should not be carried out without his permission. The additional resource implications of a greater level of control of development activity at these three sites is expected to be minimal and will be managed within the Planning and Environment Department’s existing resources.
Action required:	1. Serve notice of the Minister’s direction on the owners and occupiers of Morier House, Jersey Archive and West Park Apartments; 2. Notify Development Control upon service of notice.

Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Direction restricting permitted development for modern buildings of architectural quality

PLANNING AND ENVIRONMENT

Direction restricting permitted development

for modern buildings of architectural quality

Purpose of the Report

This purpose of this report is to enable the Minister to consider how best to protect and regulate the architectural integrity and original design quality of some of the best modern buildings in Jersey.

Background

The Minister has previously expressed the desire to protect the architectural integrity and original design quality of some of the best modern buildings in Jersey, including Morier House, Jersey Archive and West Park Apartments. Previous consideration has been given to the potential addition of these buildings to the List of Sites of Special Interest (MD-PE-2009-0027: attached at Appendix 1)). These modern buildings do not, however, satisfy the criteria for Listing and this method of regulation and protection is not considered appropriate in terms of meeting the Minister’s objective where buildings are less than 30 years old.

Discussion

A more appropriate mechanism for achieving control over potentially damaging changes to the architectural integrity and original design quality of specific modern buildings is for the Minister to give a direction restricting permitted development for each particular building that he considers warrants such a degree of control: Article 4 of the Planning and Building (General Development)(Jersey) Order 2008 provides the requisite legal power to achieve this.

The Minister has expressed his desire to exercise a greater level of control over development activity affecting Morier House, Jersey Archive and West Park Apartments. Given the nature of uses of these buildings, it is only considered necessary that any direction remove the permitted development rights conferred by Part 2: Repairs, maintenance and temporary or minor works of the Planning and Building (General Development)(Jersey) Order (attached at Appendix 2). It is not considered that Part 3: Development by providers of public services and utilities; Part 4: Demolition and Part 5: Changes of use are relevant or applicable to the Minister’s objective of seeking to regulate change to the architectural integrity and original design quality of these buildings and are not considered necessary for inclusion in the Minister’s direction.

Recommendation

On the basis of the above, it is recommended that the Minister for Planning and Environment gives direction that the permission granted by Article 2: Permitted development of the Planning and Building (General Development)(Jersey) Order 2008 shall not apply in respect of any development referred to in Part 2: Repairs, maintenance and temporary or minor works of the same order in respect of the buildings and land at the properties known as Morier House; Jersey Archive and West Park Apartments.

Reason(s) for Decision

The Minister wishes to protect the architectural integrity and original design quality of some of the best modern buildings in Jersey, including Morier House, Jersey Archive and West Park Apartments.

Legal and resource implications

Article 4 of the Planning and Building (General Development)(Jersey) Order 2008 enables the Minister for Planning and Environment to give direction restricting permitted development where the Minister is satisfied that in respect of a particular building or land that permitted development, as set out in the direction, should not be carried out without his permission.

The additional resource implications of a greater level of control of development activity at these three sites is expected to be minimal and will be managed within the Planning and Environment Department’s existing resources.

Action Required

1. Serve notice of the Minister’s direction on the owners and occupiers of Morier House, Jersey Archive and West Park Apartments;

2. Notify Development Control upon service of notice.

Written by:	Kevin Pilley, Assistant Director

Endorsed by: