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List as Site of Special Interest - St. Matthews Convent, St. Mary.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (26/09/2008) regarding: List as Site of Special Interest - St. Matthews Convent, St. Mary.

Decision Ref:

MD–PE–2008-0014

Subject:

List as a Site of Special Interest

St Matthews Convent, Rue Bechervais, St Mary

Decision Summary Title:

DS - List as a Site of Special Interest

St Matthews Convent, Rue Bechervais, St Mary

DS Author:

Kevin Pilley – Assistant Director

DS Date:

16 September 2008

DS Status:

Public

Written Report Title:

WR – List as a Site of Special Interest

St Matthews Convent, Rue Bechervais, St Mary

WR Author:

Kevin Pilley – Assistant Director

WR Date

16 September 2008

WR Status:

Public

Oral Rapporteur:

Kevin Pilley – Assistant Director/ Roger Hills – Head of Historic Buildings (Jersey Heritage)

Decision(s):

The Minister for Planning and Environment determined that St Matthews Convent, Rue Bechervais, St Mary be added to the List of Sites of Special Interest

Reason(s) for Decision:

The special interest of St Matthews Convent, Rue Bechervais, St Mary, as defined and in the schedule and relative to the published criteria for selection, justifies its inclusion on the List of Sites of Special Interest in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002 and; it accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets.

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 has public importance by reason of the special archaeological, architectural, artistic, historical, scientific or traditional interest that attached to the building or place.

Action required:

  1. Notify the owner
  2. Update the List of Sites of Special Interest
  3. Notify Development Control

Signature:

 

Position:

Minister for Planning and Environment

Date Signed:

 

Date of Decision (If different to Date Signed):

 

List as Site of Special Interest - St. Matthews Convent, St. Mary.

Item No:

 

 

Date:

 

PLANNING AND ENVIRONMENT 

List as Sites of Special Interest

St Matthews Convent, Rue Bechervaise, St Mary;

Church of St Matthew, La Rue de la Ville au Bas, St Peter;

Church of the Sacred Heart, St Brelade;

Church of Our Lady of the Annunciation and the Martyrs of Japan, St Martin;

Church of St Thomas, St Helier  
 

Purpose of the Report

This report seeks to confirm the listing of the above five properties as Sites of Special Interest. 

Background

The JHT report(s) and recommendations dated 21 August 2007 were put before the Minister on 28 September 2007 when, subject to clarification regarding the exclusion of the highway between St Matthews Convent and Church, he authorised the service of Notices of Intent to List all five properties as Sites of Special Interest. Those Notices were served on 19 October 2007. 

Discussion

The Roman Catholic Church through the Diocese of Portsmouth own the properties and a letter was received from Reverend Stephen Morgan (Financial Secretary) on 23 October 2007 asking for an extension to the 28 day period for receipt representations. This was agreed, and a further letter from Reverend Morgan (Secretary to the Trustees) was received dated10 December 2007. This second letter raised objection to the listing of all the properties on six grounds collectively.  

None of the grounds put forward provide any additional evidence in relation to the merits or demerits of any particular property in relation to the published criteria for selection which might require further consideration of the original JHT recommendation(s) and Ministerial intent. Copies of both letters are attached (at appendix 1 and 2) but in very brief summary, the points raised refer to –

  1. Criticism of the ownership and financial regime for Anglican churches in Jersey relative to those of the Roman Catholic Church.
  2. Comment on the lack of grants here for listed buildings and the lack of VAT relief.
  3. Criticism of the planning process here.
  4. Reference to the English Ecclesiastical Exemption Order.
  5. Queries relating to the extent of protection.
  6. Reference to the problems brought by buildings being listed.

A response to the letter has been sent providing clarification where possible and appropriate (at appendix 3). 

Conclusions

As the representation raises no evidence relevant to the consideration of the properties in relation to the criteria for selection there is considered to be no material reason to alter the proposal to add these properties to the List of Sites of Special Interest.  

Recommendation

That St Matthews Convent, Rue Bechervaise, St Mary; Church of St Matthew, La Rue de la Ville au Bas, St Peter; Church of the Sacred Heart, St Brelade; Church of Our Lady of the Annunciation and the Martyrs of Japan, St Martin; Church of St Thomas, St Helier be added to the List of Sites of Special Interest subject to the exclusion of the highway between St Matthews convent and Church as noted and amended in the relevant schedule. 

Reason(s) for Decision

The special interest of St Matthews Convent, Rue Bechervaise, St Mary; Church of St Matthew, La Rue de la Ville au Bas, St Peter; Church of the Sacred Heart, St Brelade; Church of Our Lady of the Annunciation and the Martyrs of Japan, St Martin; Church of St Thomas, St Helier, as defined and assessed relative to the published criteria for selection justifies their inclusion on the List of Sites of Special Interest in accordance with the provisions and purposes of the Planning and Building (Jersey) Law 2002, and the States Strategic Plan. 

Action Required

  1. Update the List
  2. Notify the owner
  3. Notify DC

 
 

Written by:

Janet Dore: Principal Historic Buildings Advisor

 

 

Approved by: 

Kevin Pilley: Assistant Director

 

 

 

Appendices

  1. Correspondence dated 23 October 2007;
  2. Correspondence dated 10 December 2007;
  3. Correspondence dated 19 December 2007

 
 

File ref    HE0489; MY0001; PE0249; BR0342; MN0217

Date  07/01/2008 
 

C:\scp\ora_dc\MWR.DOC

 

C:\scp\ora_dc\MWR.DOC


 

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