Morier House, West Park Apartments, and Jersey Archive, not listed as sites of special 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 26 March 2010 regarding: Morier House, West Park Apartments, and Jersey Archive, not listed as sites of special interest.

Decision Ref:	MD–PE–2009-0027
Subject:	Listing of modern buildings
Decision Summary Title:	DS - Listing of modern buildings
DS Author:	Assistant Director
DS Date:	04 February 2009	DS Status:	Public
Written Report Title:	WR – Listing of modern buildings
WR Author:	Head of Historic Buildings, Jersey Heritage
WR Date	05 December 2008	WR Status:	Public
Oral Rapporteur:	Head of Historic Buildings, Jersey Heritage
Decision(s):	1. The Minister resolved to uphold the existing criteria for the registration and listing of buildings which excludes the listing of those less than 30 years old; 2. On the basis of the decision at 1. the Minister resolved that he had no intent to List Morier House, West Park Apartments or Jersey Archive as Sites of Special Interest
Reason(s) for Decision:	1. Existing criteria for the Listing of buildings (as set out in SPG Practice Note: the identification and designation of buildings and places of architectural, archaeological, historical or other interest (November 2008) excludes the consideration of buildings that are less than 30 years old; 2. On the basis of the existing criteria for assessment, Morier House, West Park Apartments and Jersey Archive do not warrant Listing as Sites of Special Interest
Legal and Resource Implications:	The Minister is empowered to add buildings or places to the List of SSIs where he is satisfied they have public importance, having considered all relevant material considerations as set out in the Law. In adding a building or place to the List the Minister is then able to control certain operations not amounting to development in order to protect the special interest of the building or place.
Action required:	None
Signature:		Date of SMT approval:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):

Morier House, West Park Apartments, and Jersey Archive, not listed as sites of special interest

Listing of modern buildings

This report has been prepared by Jersey Heritage as part of its responsibility under a Service Level Agreement to provide reports and recommendations to the Minister for Planning and Environment on the architectural, historical and archaeological significance of buildings and sites.

Author of report: Roger Hills BA(Hons) MA DipBldgCons (RICS) IHBC Head of Historic Buildings

Date of report: 5 December 2008

Board of Trustees

Chairman: Clive Jones Vice-Chairman: Philip Le Brocq

Rowland Anthony, Geoffrey Crill, Connétable Simon Crowcroft, Blair Gould, Paul Nicolle, Jonathan Voak

Listing modern buildings

The Minister recently requested that Jersey Heritage consider the potential listing of modern buildings, specifically Morier House, West Park Apartments and Jersey Archive – all of which have been built within the last 10 years.

The problematic nature of recommending post-war modern buildings for listing has been the subject of much debate and careful consideration for a number of years and the standard which is applied both in Jersey’s criteria for the identification and designation of historic buildings and throughout England and Scotland, is that a building should not normally be considered for listing if it is less than 30 years old (the Thirty Year Rule).

This is accepted by building conservation professionals as what might be termed a ‘decent interval’ between the designing of a building and its possible assessment for listing. The architectural and historical significance of a building cannot be judged within a brief time span and can only be fully understood from a position of knowledge about the period and technological advances.

Even when a building in Jersey is more than 30 years old it has to satisfy more stringent criteria for listing e.g. being proven as a representative example of a recognisable design or stylistic movement, displaying innovative use of materials or structural techniques, being by a well-known architect, being notably individualistic in its design or of an unusual building type. None of these issues can properly be addressed within the first few years.

English Heritage can also apply a ‘ten year rule’ to listing in exceptional circumstances. This has been used very occasionally for buildings of exceptional architectural quality over 10 years old which are under serious threat – the Willis Faber and Dumas Building in Ipswich (1972-75, Foster Associates) being the first building to be listed under the ‘ten-year rule’. It should be noted that the ten year rule does not exist in Jersey, and in any case, neither Morier House, West Park Apartments or Jersey Archive are currently older than 10 years.

The dangers of listing recently constructed buildings are illustrated by some of the post-war buildings that were listed in Jersey in the early 1970s or included on the first historic buildings register in 1992 – all of which were less than 30 years old at the time (see photographs):

· Police Headquarters, Rouge Bouillon (built 1966 and listed SSI in 1972);

· Queensway House Shopping Arcade, Hilgrove Street (registered in 1992);

· 37 New Street (registered in 1992);

· 3-6 Mulcaster Street (registered in 1992);

· 1 Mulcaster Street (registered in 1992);

· 7 Library Place (registered in 1992).

All of these buildings were subsequently de-registered or de-listed in the early 2000s by the Jersey Building Heritage Sub-Committee, as it was evident that the perceived significance of these buildings at the time of listing was misplaced and poorly understood.

It is accepted, however, that the significance of post-war architecture in Jersey i.e. those buildings constructed between 1945 and (currently) the late 1970s, is not fully understood and a detailed study may reveal some modern buildings of note to our architectural heritage that should be protected as such. Peter Smith - English Heritage Listing Inspector with responsibility for 20th century buildings - was commissioned by the planning department to carry out an overview of Jersey architecture from that period in 2000. This initial study highlighted 2 post-war buildings as those that typify the architectural preoccupations of their period and make the best cases for protection in Jersey – La Collette Flats and the Fort Regent Leisure Complex roof – although these buildings have respectively been de-listed and excluded from the SSI listing in recent decisions.

JH recommendation

In conclusion, it is the view of Jersey Heritage that the existing criterion that excludes the listing of buildings less than 30 years old should be upheld.

It is accepted, however, that the study of post-war architecture in Jersey i.e. those buildings constructed between 1945 and (currently) the late 1970s, has not been thoroughly undertaken and may reveal some modern buildings that are of significance to our architectural heritage and should be protected as such.

Attachments

Photographs of post-war buildings listed or registered 1972-1992