Department of the Environment
Listed buildings and places
Listing schedule: Grade 4 Listed buildings
Purpose of the Report
To enable the Minister to further consider wider issues raised in relation to the representation made, in writing and orally, against the recommendation from Jersey Heritage to List Firefly, Le Mont du Ouaisne (BR0182).
Background and discussion
Following a review of the heritage value of the property known as Firefly, Le Mont du Ouaisne, Jersey Heritage has recommended that the property be Listed and assigned a Grade 4, a proposal; which has been supported by the Ministerial Listing Advisory Group (MLAG). A delegated decision to pursue the Listing of this site was duly taken and Notice of Intent to List served on the owners of the building. A representation was duly made and a public meeting convened to enable the Minister to consider the representation.
The arguments about the heritage value of the building were set out in the written evidence submitted by Jersey Heritage, in its reports dated 19 November 2012 and 10 January 2013, and by the written representation of the owner’s agent, dated 06 January 2013. This was supplemented by additional oral statements made at the public meeting (see minute at appendix 1).
In light of the discussion about the heritage worth of the building, the Minister resolved to visit the site prior to determining its status: arrangements for this are now in hand.
A number of other issues, not previously raised in written submissions, were raised during the oral submission of evidence at the public meeting. These issues are not related to the special interest of this site. They are, therefore, not material to the Minister’s decision whether to List the building: Art 52(4)(a) states that:
52(4) In determining whether to include a building or place on the List, the Minister –
(a) shall take into account any representations made under paragraph (3) to the extent that they relate to the special interest of the proposed site of special interest;
The issues raised relate to wider considerations of whether:
- the provisions of the Law, at Articles 51 and 52, are designed for the Island's exceptional buildings and places and not 'lower quality' heritage assets;
- the owners of buildings that are Listed but assigned a G4 non-statutory grade will be liable to prosecution if they undertake works to the interior of their property without applying for permission under article 54(2)
Whilst not, therefore, material to a consideration of the heritage worth of Firefly, they are points that are worth addressing relative to the progression of the historic environment review, which is moving to that part of the programme involving the formal Listing of property, and where these issues may be repeatedly raised.
The department has sought advice from the Law Officers’ Department in relation to this matter (exempt from publication under 3.2.1(a)(v) at appendix 2) which addresses these issues. The advice, in relation to the points raised, can be summarised as follows:
- the provisions of the Law, at Articles 51 and 52, are designed for the Island's exceptional buildings and places and not 'lower quality' heritage assets;
The Minister has a duty to maintain a list called the List of Sites of Special Interest and if the Minister is satisfied that a (i.e. any) building or place has public importance because of its special architectural, archaeological and/or historical interest he must include it on the List.
The Minister has consulted upon, adopted and published criteria (at appendix 3) against which an assessment of a site’s heritage worth is considered and, if following assessment against such, it is considered to be of special interest, then it is appropriate for any building or place to be included on the List by the Minister.
As a related issue, much of the challenge against the proposed Listing of buildings to date has focussed on the degree to which they are deemed to be ‘special’. The law requires the special interest of the building or place to be specified: this is done, in terms of defining the interest of the site i.e. architectural etc, which is expanded upon in the description.
This latest historic environment resurvey has sought to ensure that the level of information provided in this respect is the most comprehensive and robust that has ever been provided, relative to previous surveys undertaken.
The current work has also added a statement of significance to the Listing schedule which seeks to further justify the basis of a site’s special interest.
The provision of this level of information and justification is thus greater than that provided in earlier historic environment reviews, undertaken by previous administrations (see example at appendix 4), which was considered to be acceptable at that time.
- the owners of buildings that are Listed but assigned a G4 non-statutory grade will be liable to prosecution if they undertake works to the interior of their property without applying for permission under article 54(2)
This argument is considered to be without merit.
The department has already published guidance that sets out the regulatory regime for the heritage status of buildings (see: extract below from http://www.gov.je/PlanningBuilding/ListedBuildingPlaces/Pages/Newlistedbuildings.aspx). This was an integral part of the consultation on the new historic environment protection regime.
Previous designation | Existing control over work | New designation (following re-survey and formal designation to list*) | Future control over work
|
Site of Special Interest | Any work to the interior and exterior of the building that would affect its special interest requires permission | Listed building or place (Les bâtisses et endraits historiques) (Grade 1-3) | No change |
Proposed Site of Special Interest
| Development of the exterior of the building that would affect its special interest requires permission | Listed building or place (Les bâtisses et endraits historiques) (Grade 1-3) | Work to the interior and exterior of the building or place that would affect it’s special interest requires permission |
OR | OR |
Listed building or place (Les bâtisses et endraits historiques) (Grade 4) | No change: development of the exterior of the building that would affect it’s special interest requires permission |
This makes it quite clear that works to the interior of a grade 4 Listed building will not require consent.
It is also relevant to note that the consequences of Listing are that operations which, while not amounting to development, adversely affect the special interest of the site will require the permission of the Minister. Consequently, where operations do not affect the special interest of the site the requirement to seek the permission of the Minister is not engaged. If it is clear, therefore, that the interior of a property is not part of its special interest, then the exemption from the requirement to secure consent for works to the interior of the property will also be apparent.
Conclusions
On the basis of the consideration of the issues raised above it is considered appropriate that specific action is taken to address, beyond all reasonable doubt, the extent of a building’s special interest. This is presently defined spatially, by reference to a plan, and also in the description of the site.
Where it is recommended that a building is to be Listed as Grade 4, it is considered appropriate that, as a matter of course, it is clearly stated in the description of the building, that the interior of the property is not part of its special interest.
Furthermore, it is also considered appropriate that at that part of the schedule which lists restricted activities on the site (required under Article 55 of the law) that it be explicitly stated that ‘ the carrying on of any activities to the interior of the property, which do not amount to development, do not require the express consent of the Minister’.
Recommendation
On the basis of the above it is recommended that the Minister resolves that the Listing schedules for all buildings which are assigned a grade 4 non-statutory status incorporate the provisions such that they explicitly state:
- at (iv): Description, ‘that it has no interior interest’, and;
- at (vi): Restricted activities ‘ that ‘ the carrying on of any activities to the interior of the property, which do not amount to development, do not require the express consent of the Minister’.
Reason(s) for Decision
To ensure that:
- the extent of the special interest of Grade 4 Listed buildings is clear;
- it is clear that the carrying on of any activities to the interior of the property, which do not amount to development, do not require the express consent of the Minister.
Action Required
Amendment of the Listing schedule for all prospective Grade 4 Listed buildings.
Appendix 1: Minute of meeting dated 22 February 2013
Appendix 2: Letter from Law Officer’s Department dated 24 April 2013 (exempt from publication under 3.2.1(a)(v))
Appendix 3: Framework for Listing (extract from www.gov.je)
Appendix 4: Example of Listing schedule for last HE Review (1999)
File ref BR0182
Date 12/06/2013
Chief Executive Officer: Andrew Scate BA (Hons), Dip TP, MRTPI, MinstLM
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