Review of the protection of heritage regime

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A decision made 26 April 2010 regarding: Review of the protection of heritage regime - consultation response.

Decision Ref:	MD–PE–2010-0056
Subject:	Review of the Protection of Heritage Regime: Consultation Response
Decision Summary Title:	DS - Review of the Protection of Heritage Regime: Consultation Response
DS Author:	Tracey Ingle – Principal Historic Environment Advisor and Kevin Pilley – Assistant Director
DS Date:	23 April 2010	DS Status:	Public
Written Report Title:	WR – Review of the Protection of Heritage Regime: Consultation Response
WR Author:	Tracey Ingle – Principal Historic Environment Advisor and Kevin Pilley – Assistant Director
WR Date	22 April 2010	WR Status:	Public
Oral Rapporteur:	Tracey Ingle – Principal Historic Environment Advisor / Kevin Pilley – Assistant Director
Decision(s):	The Minister for Planning and Environment: 1. Noted the consultation response to the White Paper: Review of the Heritage Protection Regime (January 2009) and endorsed, for publication, the response to consultation as set out in the report at appendix 2; 2. Endorsed the proposals to introduce a single form of designation, and authorised its implementation as soon as possible, in accordance with, and subject to, the transitional arrangements as set out in the report; 3. Noted and endorsed the situation relating to the comprehensive Island-wide resurvey; the development of the Historic Environment Record and the implementation of Conservation Areas in Jersey; as set out in the report; 4. Gave support to the further exploration of the informal and complementary use of Jèrriais in the naming of designations relating to the protection of the historic environment in Jersey.
Reason(s) for Decision:	The Minister has considered and assessed the outcome of the consultation on the White Paper: Review of the Heritage Protection Regime (January 2009) and has responded accordingly.
Legal and Resource Implications:	Article 51(2)(b) of the Planning and Building (Jersey) Law 2002 enables 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. Liaison with the Law Draftsman’s Office is ongoing to deal with other legal issues raised by the report around issues of nomenclature and the designation and regulation of activities in Conservation Areas. Provision has been made to fund the proposed the comprehensive Island-wide resurvey of existing and potential heritage assets from existing budgetary provision over the next two years. The ability to resource this will be dependent upon the level of cost which will only be known upon receipt of expressions of interest, as detailed in the report. This element of work will only be able to proceed subject to the availability of funding and it is envisaged that it will need to be phased over at least two years.
Action required:	1. Publish the response to the consultation White Paper: Review of the Heritage Protection Regime (January 2009) as set out in the report at appendix 2 and request the Greffier of the States to prepare the document for presentation to the States; 2. Introduce the single form of designation for heritage assets as soon as possible, in accordance with, and subject to, the transitional arrangements as set out in the report; 3. Continue to work with Jersey Heritage to enable the comprehensive Island-wide resurvey of existing and potential heritage assets and the development of the Historic Environment Record; 4. Continue to work with key stakeholders to enable the development of proposals for Conservation Areas, as set out in the report; 5. Continue to liaise with the Law Draftsman’s Office to give effect to the law drafting changes required to enable the legal establishment of the phrase ‘Listed building or place’ and to enable the explicit designation of Conservation Areas, as well as the development and establishment of their regulatory regime; 6. Explore the use of the informal and complementary use of Jèrriais in the naming of designations relating to the protection of the historic environment in Jersey with key stakeholders.
Signature:
Position:	Minister for Planning and Environment
Date Signed:		Date of Decision (If different to Date Signed):