Island Plan 2022-25: Approval (P.36/2021) – eighty-ninth amendment. Historic Environment Policies

STATES OF JERSEY

ISLAND PLAN 2022-25: APPROVAL (P.36/2021) – EIGHTY-NINTH AMENDMENT

HISTORIC ENVIRONMENT POLICIES CONSOLIDATED

Lodged au Greffe on 11th February 2022 by the Minister for the Environment

STATES GREFFE

2021  P.36 Amd. (89)

ISLAND PLAN 2022-25: (P.36/2021) – EIGHTY-NINTH AMENDMENT ____________

PAGE 2 –

After the words "the draft Island Plan 2022-25" insert the words "except that –

1. within the preamble to Policy HE1– Protecting listed buildings and places, and their settings, after paragraph 2 on page 124, there should be inserted a new section –

"Inclusive design

Everyone should be able to enjoy easy and exclusive access to the historic environment. Listed buildings and places may need to be modified to meet existing access needs as well as the changing needs of occupants and users. Removing barriers to access can allow many more people to use and benefit from the historic environment. If sensitively designed this need not compromise the  ability  of  future  generations  to  enjoy  heritage  and  access  these environments. Understanding the significance of a building is a vital first step in thinking about how much it can be changed to ensure sensitive interventions. In most cases access can be improved without compromising the special interest of the historic buildings and it is rare when nothing can be done to improve or facilitate access. By undertaking a careful process of research, consultation and creative exploration of alternative, good quality solutions are usually possible. The provision of improved access can be an important part of a sustainable approach to caring for the historic environment without compromising the significance of special places.";

2. in Policy HE1 the fourth paragraph should be replaced with the following –

"Proposals that do not protect a listed building or place or its setting will not be supported unless and with regard to the comparative significance of the listed building or place, or its setting, and the impact of proposed development on that significance";

3. in Policy HE2 -

1. for the first paragraph there should be substituted –

"Historic  windows  and  doors  in  listed  buildings  or  buildings  in  a conservation area which are of significance or special interest, or which contribute to the character of the conservation area should be repaired using materials and detailing to match the existing. Proposals for the replacement of modern glazing in historic windows with double glazing will be supported where it can be accommodated:

1. within the existing window or door joinery frames; or
2. within a like for like frame where the existing frameis beyond repair.";

2. in the third paragraph the words "or the character of a building in a conservation area" should be deleted.
3. a new fourth paragraph should be inserted in as follows –

"Where  proposals  for  the  replacement  of  windows  and  doors  in conservation  areas  will  affect  the  character  and  appearance  of  the conservation area, they will only be supported where they protect or improve that character or appearance."

4. in the first sentence of the existing paragraph four the word "more" should be deleted from before "modern windows", the words "or buildings in a conservation area" should be removed, and the word "and" should replace "or" at the end of the second line;
5. a second sentence should be inserted at the end of the existing fifth paragraph as follows –

 "The use of double-glazing in replacement windows and glazing in doors will, therefore, be supported where replacements replicate the historic window  and  doors  as  far  as  practicable  helping  to  meet  Jersey's commitment to energy efficiency."

4. in Proposal 14 – Conservation area designation –

1. the second paragraph should be replaced with the following –

"It is proposed that the first conservation area or areas to be designated should be within the historic areas of St Helier and then drawn from the following list: St Aubin, the areas around the parish churches of Grouville , St. Lawrence , St. Martin , Trinity , St. Ouen , St. Peter , and St. Clement ; Gorey Village and Pier, and Rozel Harbour. Designation should follow engagement  and  consultation  with  parish  authorities,  local  residents, businesses and other key stakeholders including heritage organisations."

2. a new paragraph should be inserted at the end of Proposal 14 as follows –

"During the course of the Bridging Island Plan, at least four conservation areas should be designated from those listed in this Proposal."

5. within the preamble to Policy HE3 – Protection or improvement of conservation areas, a new sentence should be inserted at the end of the last paragraph on page 133 -

"This does not preclude high quality modern design of buildings or spaces within the area, rather it seeks a contextual response to fit the place."

MINISTER FOR THE ENVIRONMENT

Note:  After this amendment, the proposition would read as follows –

THE STATES are asked to decide whether they are of opinion

to approve, in accordance with Article 3(1) of the Planning and Building (Jersey) Law 2002, as amended by the Covid-19 (Island Plan) (Jersey) Regulations 2021, the draft Island Plan 2022-25, except that –

1. within the preamble to Policy HE1– Protecting listed buildings and places, and their settings, after paragraph 2 on page 124, there should be inserted a newsection –

"Inclusive design

Everyone should be able to enjoy easy and exclusive access to the historic environment. Listed buildings and places may need to be modified to meet existing access needs as well as the changing needs of occupants and users. Removing barriers to access can allow many more people to use and benefit from the historic environment. If sensitively designed this need not compromise the  ability  of  future  generations  to  enjoy  heritage  and  access  these environments. Understanding the significance of a building is a vital first step in thinking about how much it can be changed to ensure sensitive interventions. In most cases access can be improved without compromising the special interest of the historic buildings and it is rare when nothing can be done to improve or facilitate access. By undertaking a careful process of research, consultation and creative exploration of alternative, good quality solutions are usually possible. The provision of improved access can be an important part of a sustainable approach to caring for the historic environment without compromising the significance of special places.";

2. in Policy HE1 the fourth paragraph should be replaced with the following –

"Proposals that do not protect a listed building or place or its setting will not be supported unless and with regard to the comparative significance of the listed building or place, or its setting, and the impact of proposed development on that significance";

3. in Policy HE2 -

1. for the first paragraph there should be substituted –

"Historic  windows  and  doors  in  listed  buildings  or  buildings  in  a conservation area which are of significance or special interest, or which contribute to the character of the conservation area should be repaired using materials and detailing to match the existing. Proposals for the replacement of modern glazing in historic windows with double glazing will be supported where it can be accommodated:

1. within the existing window or door joinery frames; or
2. within a like for like frame where the existing frame is beyond repair.";

2. in the third paragraph the words "or the character of  a building in aconservation area" should be deleted.
3. a new fourth paragraph should be inserted in as follows –

"Where  proposals  for  the  replacement  of  windows  and  doors  in conservation  areas  will  affect  the  character  and  appearance  of  the conservation area, they will only be supported where they protect or improve that character or appearance."

4. in the first sentence of the existing paragraph four the word "more" should be deleted from before "modern windows", the words "or buildings in aconservation area" should be removed, and the word "and" should replace"or" at the end of the second line;

5. a second sentence should be inserted at the end of the existing fifth paragraph as follows –

 "The use of double-glazing in replacement windows and glazing in doors will, therefore, be supported where replacements replicate the historic window  and  doors  as  far  as  practicable  helping  to  meet  Jersey's commitment to energy efficiency."

4. in Proposal 14 – Conservation area designation –

1. the second paragraph should be replaced with the following –

"It is proposed that the first conservation area or areas to be designated should be within the historic areas of St Helier and then drawn from the following list: St Aubin, the areas around the parish churches of Grouville , St. Lawrence , St. Martin , Trinity , St. Ouen , St. Peter , and St. Clement ; Gorey Village and Pier, and Rozel Harbour. Designation should follow engagement  and  consultation  with  parish  authorities,  local  residents, businesses and other key stakeholders including heritage organisations."

2. a new paragraph should be inserted at the end of Proposal 14 as follows –

"During the course of the Bridging Island Plan, at least four conservation areas should be designated from those listed in this Proposal."

5. within the preamble to Policy HE3 – Protection or improvement of conservation areas, a new sentence should be inserted at the end of the last paragraph on page133 --

"This does not preclude high quality modern design of buildings or spaces within the area, rather it seeks a contextual response to fit the place."

REPORT

The draft bridging Island Plan set out a new planning policy framework, together with some proposals, to protect the island's heritage assets.

As a result of consultation and proposed amendments, and their subsequent examination by independent planning inspectors, the Minister for the Environment is now proposing to make a number of changes to some of the policies and proposals, along with the justification for them, that sit within the historic environment chapter, specifically:

• Policy HE1 – Protecting listed buildings and places, and their settings

• Policy HE2 – Protection of historic windows and doors

• Proposal 14 – Conservation area designation

• Policy HE3 – Protection or improvement of conservation areas (preamble)

Full background information relating to these changes can be found in the Minister's post-consultation report (specifically statement responses 47; 48 and 49), the inspectors' report (see section 5, pp.53-56), and the Minister's response to the inspectors' report.

Policy HE1 – Protecting listed buildings and places, and their settings

The  inspectors  note  that the  Minister's historic environment  policies enjoy broad support. The representations that have been made are essentially about strengthening them  and  providing  clarification.  In  light  of  the  representations  made,  and  their consideration of the evidence provided at the examination, the inspectors have made their own recommendations for change to Policy HE1 (see recommendation 31, p.54, in the inspectors' report). The Minister's proposed change gives effect to this.

This policy is need of review, evidenced by the change that has affected the listed buildings and places under the current Island Plan. These changes will ensure that the new Policy HE1 is robust, fit-for-purpose, and up-to-date, to deal with the current challenges of managing change affecting the historic environment.

The Minister recognises that everyone should be able to enjoy easy and inclusive access to the historic environment. The Minister has proposed to change to the pre-amble to the historic environment chapter (see p.145, statement response 41) to ensure that consideration for disability and inclusion are more explicitly incorporated within the justification to Policy HE1, and with regard to proposals to change historic buildings.

This basis for this change was sponsored by P.036/2021 Amd. (24) Disability inclusion – access to listed buildings, and is supported by the planning inspectors, in their report, at recommendation 30 (p.54).

Part (a) would ensure the introduction of the following text to the preamble of Policy HE1 (after paragraph 2 on page 124 of the draft plan) which supports and justifies the policy.

Inclusive design

Everyone should be able to enjoy easy and exclusive access to the historic environment. Listed buildings and places may need to be modified to meet existing access needs as well as the changing needs of occupants and users. Removing barriers to access can allow many more people to use and benefit from the historic environment. If sensitively designed this need not compromise the ability of future generations to enjoy heritage and access these environments.

Understanding the significance of a building is a vital first step in thinking about how much it can be changed  to  ensure  sensitive  interventions.  In  most  cases  access  can  be  improved  without compromising the special interest of the historic buildings and it is rare when nothing can be done to improve or facilitate access. By undertaking a careful process of research, consultation and creative exploration of alternative, good quality solutions are usually possible. The provision of improved access can be an important part of a sustainable approach to caring for the historic environment without compromising the significance of special places."

As a result of part (b) Policy HE1 will read as follows:

Policy HE2 – Protection of historic windows and doors

Windows are the eyes of a building - they let in light and give views out - and profoundly affect its appearance.

The loss of traditional windows from our older buildings poses one of the major threats to our heritage. Traditional windows and their glazing make an important contribution

to the significance of historic buildings and areas. They are an integral part of the design of older buildings and can be important artefacts in their own right, often made with great skill and ingenuity with materials of a higher quality than are generally available today.

With an increasing emphasis being placed on making existing buildings more energy efficient, replacement windows have become a greater threat than ever before to the character of historic buildings and areas.

The Minister's response to this has been to revise the planning policy dealing with the historic windows in the draft Island Plan to allow more flexibility when managing change to them, particularly when there is a need to address the climate emergency. This issue is raised by P.036/2021 (Amd. 14) Double glazing.

The policy in the draft Island Plan looks to allow balance, allowing for replacement at the end of life of a window or door, but to not lose historic windows or doors when looking to resolve issues of thermal performance.

This means that the policy, as drafted, would allow the retrofit of thin double-glazing within  existing  window  and  door  frames  to  enhance  the  thermal  performance  of windows.

It would also mean that where the historic windows frames are beyond repair, they can be replaced with double-glazing into the new window frames and glazing to new doors where  this  replicates  a  historic  pattern.  The  Minister  considers  that  there  is  no justification to allow the replacement of historic window frames where they are capable of repair. This is entirely contrary to principle of protecting the special interest and character of our heritage assets.

In a listed building, however, if the window or door itself is not historic (i.e. it has already been changed and is not part of the special interest of the building) it can be replaced with double-glazing into the new window frames and glazing to new doors where this replicates a historic pattern. This approach also applies in a conservation area where the window or door does not contribute to the character of the area.

This approach is illustrated in the flow-diagram set out at Figure HE1 (below).

Figure HE1: Historic window and door repair and replacement decision-tree

The inspectors are supportive of the Minister's approach and consider that the principle of only allowing the replacement of historic windows frames where they are beyond repair' is entirely reasonable and important to protect the overall appearance of historic windows. They have recommended some changes to the policy in their report (see recommendation 32 on p. 55 of their report), and the Minister's amendment gives effect to this.

As a result of part (c) Policy HE2 will read as follows:

Proposal 14 – Conservation area designation

There is broad agreement about the desirability of designating conservation areas, particularly in the light of the failure to designate conservation areas over many years.

As a result of the comment received, in the form of representations and amendments (see P.036/2021 (Amd.39) Conservation area priority), and the recommendations of the planning  inspectors  (see  recommendation  33,  p.56  of  the  inspectors'  report),  the Minister  considers  that  St  Helier  should  be  identified  as  the  priority  area  for conservation area designation, given the large number of listed buildings in St Helier, the quality of the townscape and the pressure for development in Town; and that the draft plan should set out a timescale for implementation during the plan period of the bridging plan.

This is, of course, subject to the States Assembly endorsing the Minister's proposed changes  to  primary  legislation  (see:  P.76/2021  -  Draft  Planning  and  Building (Amendment No. 8) (Jersey) Law 202-) to enable conservation designation, which is presently the subject of consideration by the IHE Scrutiny Panel (see: Scrutiny review (gov.je)).

As a result of part (d) Proposal 14 will read as follows:

Protection or improvement of conservation areas (preamble)

There is support, in both representations and the planning inspectors' recommendation (see recommendation 29, p.53 of the inspectors' report), for recognition of the valuable contribution that modern architecture can make to the appearance of a conservation area and its architectural character.

The Minister proposes to make changes to the preamble to the policy which seeks to protect or improve conservation areas, to give explicit acknowledgement to this.

As a result of part (e) part of the preamble to Policy HE3 - Protection or improvement of conservation areas (through the addition of a new second sentence to last paragraph on page 133) will read as follows:

Financial and manpower implications

There are no direct financial and manpower implications.

CRIA statement

The effect of this amendment is in alignment with the Minister's published CRIA. It will not lead to adverse impacts upon the rights of children and will ensure that children will continue to enjoy their heritage into the future.