Monday 17 February 2014
Environment Department response to media enquiry from Guernsey Press.
Guernsey Press Enquiry:
Further to our conversation, could we have details on what this classification means in terms of protection - what level is there for a protected monument, compared to a protected building?
Environment Department Response:
The Land Planning and Development (Guernsey) Law, 2005 (the Law), and The Land Planning and Development (General Provisions) Ordinance, 2007 (General Provisions Ordinance) and The Land Planning and Development (Exemptions) Ordinance, 2007 (Exemptions Ordinance) set out the difference between protected monuments and protected buildings.
Reasons for Protection
The reasons for protecting a monument are set out in Section 29(1) of the Law with Section 33(1) and (5) defining the reasons for protecting buildings.
In order to protect a building or monument the Department must be of the opinion that it would be of importance to the public to, in the case of a monument, preserve that monument or, in the case of a building, preserve the special character of that building. If it is not considered of importance to the public to protect an historic asset then it cannot be protected.
A protected monument is protected because it has archaeological, historic, traditional, artistic or other special interest and includes monuments, structures, artefacts, caves, ruins or remains (whether on or below the surface of land). A protected building is protected because of its historic, architectural, traditional or other special interest and this protected status relates specifically to buildings and any objects or structures relating to them but not necessarily forming part of them. Although 'other special interest' might include architectural interest for a monument or archaeological interest for a building, the main focus for each type of designation is clear.
Type of Historic Asset
Section 5 of The Land Planning and Development (Special Controls) Ordinance, 2007 sets out how items should be transferred from the previous single Register of Ancient Monuments and Protected Buildings to the two separate lists of monuments and buildings. This section of the Ordinance sets out the principles behind allocating which protected heritage asset on the former single Register to either the List of Protected Monuments or the List of protected buildings. This process was followed through on 6th April 2009.
A protected monument may be above or below ground. No such distinction is made for protected buildings; there are no protected buildings which lie totally below ground.
A protected monument is a monument, structure, cave, ruin or remain (but not a building or object) and can be man-made or natural features with human influence. A protected building is a building, structure or object (but not a monument, cave, ruin or remain or natural feature) and is man-made.
It is notable that 'structure' is included in both the Protected Monuments and Protected Buildings definitions and the appropriate protection type will therefore normally depend on the type of structure. Most structures, which cannot be inhabited or potentially inhabited have been placed under the monument heading, this includes the steps in St Peter Port and various douit structures for example.
Barrack blocks were built to function as military accommodation. At Fort Richmond, these were placed on the protected monuments list as part of the wider site and also on the protected buildings list as identified individual buildings.
Control of Development
This is a complex area which has been simplified for the purpose of this response. Development and Operations are controlled through the Law (Sections 30, 31, 34 and 35) and the General Provisions Ordinance (Sections 1 and 2) in relation to protected monuments and buildings. On protected buildings, some limited forms of development are allowed to be undertaken without planning permission, these are set out in the Exemptions Ordinance (Section 1 and Class 3).
The Law sets out that there is a strong presumption against planning permission being granted for any development affecting a protected monument which includes where development affects its setting. This is any form of development, and any operation requires planning permission. Works which provide public access to protected monuments are an exception to the 'strong presumption against', but still require planning permission and must be balanced through the planning process with the impact of such works on the protected monument.
In relation to protected buildings the Law sets out that there is a strong presumption against planning permission being granted for development which demolishes or destroys the whole or part of a protected building or harms its special character or features. This means that there is not a strong presumption against all development to protected buildings, just those which have a negative impact on the special historic fabric, character, appearance or features of the protected building or its setting.
As a small amount of alteration to a protected building or its repair and maintenance would be unlikely to have a negative impact, The Exemptions Ordinance sets out what work may be undertaken without planning permission, in relation to the protected building and its setting or features. This Class 3 Exemption does not exist for protected monuments.
For example, repairing cracked external render by filling the crack would require planning permission where this crack is on a protected monument, but because of the Class 3 Exemption planning permission would not be required on a protected building where this does not negatively impact on the external appearance of the building.
Contact Information:
Jim Rowles, Director of Planning
Environment Department
Tel: 717200
