19 April 2018

Guernsey planning matters: My building has recently been added to the Protected Buildings List and I am considering an appeal. What do I need to prove?

An appeal against the addition of a building to the Protected Buildings List can only be made on certain grounds, which are set out in the Land Planning and Development (Special Controls) Ordinance 2007. What you need to prove will depend upon the ground(s) on which the appeal is made. 

The grounds of appeal include: that the protected building has no special interest; that the entry on the list is in any material respect factually incorrect; and that the insertion of the entry was ultra vires or unreasonable.

Most protected buildings appeals are made on the ground that the building has no special interest. If you think that your building has no special interest, you must consider the criteria set out in the Development and Planning Authority's ("DPA") published Advice Note CN6 ("Criteria for the Selection of Buildings for the Protected Buildings List"). These are the criteria the DPA use in assessing whether a building has special interest. 

For every building added to the List, the DPA sets out the relevant areas of special interest in a Building Survey Report. You should have received a copy of this report for your building and this should assist you in understanding the DPA's reasons for deciding that your building has special interest.

If you are not clear about the DPA's reasoning or if you do not understand why your building is considered to have special interest, you can ask the DPA to provide further explanation. 

Whatever the ground(s) of appeal, it is essential that you submit as much supporting information and evidence as possible. Historic maps and title documentation are useful in helping to age a building.  Expert opinion may also be useful, especially in terms of architectural, traditional or archaeological interest.

Appeals against adding a building to the list must be made within 28 days beginning with the date on which the appellant was notified of the DPA's decision.

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