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Transfer of land between the public and Samares Nurseries Properties Limited

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.

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  • 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

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[THIS DECISION HAS BEEN RECINDED BY MD-H-2010-0018] A decision made 13 January 2010 regarding: Transfer of land between the public and Samares Nurseries Properties Limited.

Decision Reference:      MD-H-2010-0003

Decision Summary Title :

DS – Samares Nurseries & Le Squez Boundary

Date of Decision Summary:

12 January 2010

Decision Summary Author:

Carl Mavity – Director of Policy & Development

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

 

Written Report

Title :

Acquisition of land to form new boundary line

Date of Written Report:

12 January 2010

Written Report Author:

Carl Mavity – Director of Policy & Development

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject:

To agree the transfer of land between the Public and Samares Nurseries Properties Limited

Decision(s):

The Minister:-

  1. agreed the proposed transfer of land between the parties as set out in the report, subject to the Public meeting all the reasonable legal costs,
  2. requested that the Minister for Treasury & Resources approve the transaction under Standing Order 168(2)(a) and, following notification to the States in accordance with Standing Order 168(3), authorise the Greffier and Attorney General to sign the necessary contracts on behalf of the Public. 

Reason(s) for Decision:

To ensure that the sale is carried out in accordance with Standing Order 168

Resource Implications:

Financial: £10.00 consideration plus fees amounting to £1500.00

Action required:

Director of Policy & Development to arrange for Treasury and Resources Minister approval and oversee the passing of the contract.

Signature: 

Position:

                       ASSISTANT MINISTER

Date Signed:

Date of Decision (If different from Date Signed):

Transfer of land between the public and Samares Nurseries Properties Limited

DATE OF REPORT:- 12 th January 2010  

REPORT TO THE HOUSING MINISTER  

TRANSFER OF LAND AT SAMARES NURSERIES

TO FORM NEW BOUNDARY LINE  

Background

The Minister will recall that on 18th December 2009 he agreed to Progress the development of Phase 2a Le Squez (MD-H-2009-0107 refers).  That site shares a significant portion of its Eastern boundary with Samares Nurseries, property owned by Samares Nurseries Properties Limited.

The boundary between Samares Nurseries and the Public’s development site can be best described as vague but probably followed the line of a bank which once separated the two properties.  The little of this bank that remains is less than straight and establishing a straight boundary line will necessitate the forming of a new boundary line which will cut through the remnants of the bank.  This in turn will necessitate the transfer of small slivers of land between the parties.

The line of the new boundary which has been plotted by GPS is shown on the plan attached at annex a hereto. 

Recommendations  

That the Minister; 

  1. Approve the proposal to the transfer of land between the parties to facilitate the establishment of the new boundary, subject to Public meeting all the reasonable legal costs,

 

  1. Request that the Treasury & Resources Minister approve the transaction under Standing Order 168(2)(a) and that following notification to the States in accordance with Standing Order 168(3) to authorise the Greffier and Attorney General to sign the necessary contracts on behalf of the Public. 

 
 
 

Report Drafted By:        ______________________________   12th January 2010

                                      Carl B Mavity, Director of Policy & Development  
 
 
 

Report Checked By :-   ______________________________  13th January 2010      J C Hamon, Finance Director 
 
 
 

Report Approved By:   ______________________________   13th January 2010

                                     Ian K Gallichan, Chief Officer

 

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