Jubilee Wharf, The Esplanade and 23 The Esplanade/40 Commercial Street, St Helier

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A decision made (06.04.2006) to acquire access rights and sale of land - Jubilee Wharf, The Esplanade and 23 The Esplanade/40 Commercial Street St Helier.

Subject:	Jubilee Wharf, The Esplanade and 23 The Esplanade/40 Commercial Street, St Helier – Access Rights and Sale of Land
Decision Reference:	MD-PH-2006-0024	Exempt clause(s):	NA
Type of Report: (oral or written)	Written	Person Giving Report (if oral):	NA
Telephone or e-mail Meeting?	NA	Report File ref:	PBA 12/1199/1 (job n° 590)
Written Report – Title	Jubilee Wharf, The Esplanade and 23 The Esplanade/40 Commercial Street, St Helier – Access Rights and Sale of Land	Written report - author	P Ahier
Decision(s): That the public passes a contract with Denchel Holdings Ltd to acquire access rights over 23 The Esplanade/40 Commercial Street and to dispose of the original party wall between that property and Jubilee Wharf for a consideration of £7,500. Under Standing Order 168 (1) (a) and 168 (3) the Minister for Treasury and Resources hereby notifies the States that he has accepted the recommendation of Property Holdings to agree to the above-mentioned land transaction. The Minister hereby authorises the Attorney General and the Greffier of the States to pass any contracts on behalf of the Public of Jersey that may be necessary. After the expiry of 15 days following presentation to the States the transaction may be concluded.
Reason(s) for decision: Under Standing Order 168 (1) (a) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the public of Jersey.

Action required:

In accordance with Standing Order 168(3) of the Standing Orders of the States of Jersey, this decision must be presented to the States at least 15 working days before the contract is passed before the Royal Court.

The Director of Property Holdings is to instruct the Law Officers’ Department and the States Greffe to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Assistant Treasurer.

Signature:

(Assistant Minister)[1]

Deputy J Le Fondré

Date of Decision:

Jubilee Wharf, The Esplanade and 23 The Esplanade/40 Commercial Street, St Helier - Access Rights and Sale of Land

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Jubilee Wharf , The Esplanade and 23 The Esplanade/40 Commercial Street , St Helier – Access Rights and Sale of Land

PBA 12/1199/1 (job n° 590)

Purpose

The purpose of this report is to:

a. Explain a proposed contractual arrangement between the public, as the owner of Jubilee Wharf, The Esplanade, and Denchel Holdings Ltd, as the owner of the neigbouring property 23 The Esplanade/40 Commerical Street.

b. To seek Ministerial approval for the transaction to take place.

Background

Jubilee Wharf was constructed circa 2000 as new offices for the Housing Department. It adjoins a property to the south-east known as 23 The Esplanade/40 Commerical Street owned by Denchel Holdings Ltd.

The south-east elevation of Jubilee wharf which overlooks 23 The Esplanade/40 Commercial street can only be maintained through gaining access onto the neighbouring property. However, there is no contractual arrangement for this in the property deeds, and the public relied on the goodwill of Denchel Holdings Ltd for access during construction and for subsequent maintenance purposes.

Property Services has sought to acquire contractual access rights over 23 The Esplanade/40 Commercial street since the planning stage of Jubilee Wharf, but only recently has Denchel Holdings Ltd agreed its willingness to grant the right.

As part of the deal, Denchel Holdings Ltd wishes to acquire the original party wall between the two properties. It is likely that Denchel Holdings Ltd is seeking to redevelop its property and having ownership of the party wall will enable it to take-down the masonrywork.

Current Situation

The following terms have been agreed with Denchel Holdings Ltd and are recommended for approval:

The public will be granted permanent access rights over 23 The Esplanade/40 Commercial Street for the purpose of maintaining the roofs and any exposed walls or other elements of Jubilee Wharf that cannot reasonably be accessed from elsewhere. The access requirement is to extend to a width of 1.5 metres from the boundary line between the two properties. The public will give 48 hours notice in writing of the need to have access, except in cases of emergency, where no notice need be given. Any damage caused to 23 The Esplanade/40 Commercial Street as a result of the access requirement will be made good by the public to the satisfaction of Denchel Holdings Ltd at the public’s expense.

2. For a consideration of £7,500, the sale to Denchel Holdings Ltd of the public’s half of the party wall between Jubilee Wharf and 23 The Esplanade/40 Commercial Street.

3. The public will be given contractual provision to specify the method of demolition of the party wall (which method of demolition must be reasonable), and/or to request from the demolition contractor a ‘method statement’ for approval. Furthermore, the public will be given contractual provision to engage a surveyor/engineer to oversee the demolition of the wall. If in the reasonable opinion of that surveyor/engineer the demolition work is not being undertaken satisfactorily, then he/she can require the work method to be amended accordingly. The reasonable cost incurred by the public in employing a surveyor/engineer will be met by Denchel Holdings Ltd. Any damage caused to Jubilee Wharf as a result of the demolition of the party wall will be made good by Denchel Holdings Ltd to the satisfaction of the public’s surveyor/engineer at no cost to the public. Prior to the demolition of the party wall, Denchel Holdings Ltd will commission, at its own cost, a Schedule of Condition of Jubilee Wharf by a qualified surveyor and submit the same for approval to the public.

4. Each party to bear its own legal costs in connection with passing the necessary contracts before the Royal Court.

Conclusion

Jubilee Wharf has no contractual access rights over its neighbour 23 The Esplanade/40 Commercial Street for the purpose of maintenance of its south-east elevation. There is now an opportunity to secure the necessary access rights with the owner of the neighbouring property subject to the sale of the original party wall for a consideration of £7,500.

Recommendation

It is recommended that the public passes a contract with Denchel Holdings Ltd to acquire access rights over 23 The Esplanade/40 Commerical Street and to dispose of the original party wall between that property and Jubilee Wharf for a consideration of £7,500.

Written By: Philip Ahier

Signature …………………………

Authorised By: (Director/Assistant Director PH)

Signature ………………………… 23 March 2006