List as a Site of Special Interest: La Haule Manor Hotel.

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A decision made (07/04/2008) regarding: Notice of Intent to List as a Site of Special Interest: La Haule Manor Hotel(Manoir de la Haule), La Neuve Route, St Brelade.

Decision Reference: MD–PE–2007-0009
Decision Summary Title :	DS - Notice of Intent to List as a Site of Special Interest: La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade		Date of Decision Summary:	16 October 2007
Decision Summary Author:	Kevin Pilley Assistant Director		Decision Summary: Public or Exempt?	Public
Type of Report:	Written and oral		Person Giving Oral Report:	Roger Hills, Curator of Historic Buildings
Written Report Title :	WR - Notice of Intent to List as a Site of Special Interest: La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade		Date of Written Report:	10 October 2007
Written Report Author:	Kevin Pilley Assistant Director		Written Report : Public or Exempt?	Public
Subject: Notice of Intent to List as a Site of Special Interest: La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade
Decision(s): The Minister for Planning and Environment: Confirmed his intention to List La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade, as defined in the attached schedule, as a Site of Special Interest under the provisions of Article 51(2)(b) Planning and Building (Jersey) Law 2002 by virtue of its special interest as described in the same schedule; Approved and authorised the serving of the Intention to List Notice in accord with the requirements of the Law
Reason(s) for Decision: The special interest of La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade, as defined and assessed 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 It accords with the States Strategic Plan commitment of protecting and sympathetically managing the Island’s built heritage assets
Resource Implications: None
Action required: The Notice of Intention is to be served in accordance with the requirements of the Law; No sooner than 28 days after the date of the service of the Notice of Intention to List, a further report will be brought to the Minister in relation to any representations received.
Signature:		Position: Minister for Planning and Environment
Date Signed:		Date of Decision (If different from Date Signed):

List as a Site of Special Interest: La Haule Manor Hotel.

Item No:
		Date:

PLANNING AND ENVIRONMENT

List as Site of Special Interest: La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade – update as a result of legal advice

Purpose of the Report

This report seeks to update the Minister following his site visit to the above, his decision to List as a Site of Special Interest in accordance the JHT recommendation, and his further comments in respect of omitting more modern elements from the listing.

Background

Legal advice was sought particularly in respect of Fort Regent and its roof as officers were unclear as to how the Ministers desire to omit the roof of Fort Regent from protection could be worded in legal terms so as to provide the protection intended within the Law. That advice has been received and is relevant to a number of cases currently in hand including this one, in relation to parts of a building being worthy of listing whilst others might be less so, and whether it is possible or advisable to try to list only part of a building or to exclude parts by reference to the schedule.

Discussion

That advice has now been received (ref DM/PLEGENA-138 dated 22 January 2008) but remains confidential. The advice is however that the legal requirement is for the Minister to specify the special interest (positive) of the site, and not to specify the non special interest (negative) of the site. Further it is advised that to attempt to exclude items or areas would be potentially dangerous as by specifically excluding some, by implication all others would be included. The advice goes on to highlight the consideration of whether subsequent activities have an adverse impact on the special interest of the site and the need for express consent.

Thus in summary the legal advice concludes that if a building or site meets the criteria for Listing and the Minister is minded to List then within the defined boundary it should be Listed in total; that the schedule must state what the special interest is in the positive only; that any subsequent proposals for change be considered in relation to their impact on the special interest and be dealt with by an application for express consent.

Legal and resource implications

None

Recommendation

That La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade be added to the List of Sites of Special Interest in accordance with the schedule and plan prepared by JHT.

Reason(s) for Decision

The special interest of La Haule Manor (Manoir de la Haule), La Neuve Route, St Brelade as defined and assessed 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 the States Strategic Plan.

Action Required

Update the List
Notify the owner and lessee
Notify Development Control

Written by:	Janet Dore: Principal Historic Buildings Advisor

Approved by:	Kevin Pilley: Assistant Director

Endorsed by:

Attachments:

Representations dated 16 January 2008 and 26 November 2007

File ref BR0110

11 March 2008

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