Fields 849 and 851, Trinity

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (19.07.07) to sell fields 849 and 851, Trinity to the Royal Jersey Horticultural Society.

Subject:	Fields 849 and 851, Trinity - Sale of Land
Decision Reference:	MD-PH-2007-0055	Exempt clause(s):		None
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		n/a
Telephone or e-mail Meeting?	n/a	Report File ref:		PBA 845/23&24
Written Report – Title	Fields 849 and 851, Trinity – Sale of Land	Written report - author		P Ahier
Decision(s): 1. The Minister approved, as recommended by Property Holdings, the sale of Fields 849 and 851, Trinity, amounting to 9 vergées 7 perch, to the Royal Jersey Agricultural and Horticultural Society for £40,000, with each party paying their own legal costs. 2. The contract of sale is to include a covenant that the fields must never be developed. 3. Under Standing Order 168 (1) (a) and 168 (3) the Minister hereby notified the States that he had accepted the recommendation of Property Holdings to agree to the above land transaction. 4. After the expiry of 15 working 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: 1. In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed. After the expiry of 15 working days following presentation to the States the transaction may be concluded. 2. The Director of property holdings to request the Greffier of the States to notify the States of the above decision. 3. The Greffier of the States to notify Property Holdings and the Law Officers’ Department of the date when the States have been notified. 4. After the expiry of 15 days following presentation to the States, the Attorney General and the Greffier of the States to pass any contracts that may be necessary on behalf on the Public of Jersey and to copy this decision to the Minister, Treasurer and Assistant Minister.
Signature: (Assistant Minister)[1] Deputy J A N Le Fondré			Date of Decision: MD-PH-2007-0055

Fields 849 and 851, Trinity - sale of land

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Fields 849 and 851, Trinity – Sale of Land

PBA 845/23&24

Purpose

To recommend to the Minister the sale of Fields 849 and 851, Trinity, to the Royal Jersey Agricultural and Horticultural Society.

Background

Fields 849, known as Le Clos Marett, and Field 851, known as Le Clos des Setteaux, Trinity, were purchased by the Public as part of the house, outbuildings and farm land, known as Le Rondin Farm in 1986. The house was sold off seperately in 1998.

The two agricultural fields are 9 vergées 7 perch in total area and were initially used for crop trials by the former Department of Agriculture and Fisheries, and more recently by Environmental Services, up until 2006. Since that time they have been leased to the Royal Jersey Agricultural and Horticultural Society for cattle grazing and as an extra area for the holding of the ‘Country Fair’ and other large events held at the headquarters events.

The Royal Jersey Agricultural and Horticultural Society already has benefit of drainage rights over the fields

Current Situation

These two fields are no longer required for crop trials or for use by any other department of the States. The Royal Jersey Agricultural and Horticultural Society, however, would welcome the opportunity of this additional land, to the south-east of its headquarters building, for the grazing of bulls which it now keeps for the purpose of providing a cattle insemination service. At certain times of the year the land would also provide an additional area for temporary facilities to assist with the large community and other events which are held at the property.

In this particular instance, there is benefit for both the public and the various authorities in selling the land to the Royal Jersey Agricultural and Horticultural Society at a fair and proper price. An independent valuation recently undertaken by H W Maillard & Son Ltd. has confirmed that the sale price of £40,000 negotiated by Property Holdings is appropriate for the land. It is located in the ‘Countryside Zone as designated in the Jersey Island Plan 2002.

These two fields are included in the “Property Plan” (P.34/2007) with reference being made to the interest expressed by the RJA&HS in acquiring the land. The “Plan” was approved by the States in April 2007, and during the States’ debate some members gave their express support of the sale to the RJA&HS. As such, it was decided to negotiate a fair and proper price with the Society rather than going out to open tender.

It is proposed that the contract of sale will include a covenant that the fields must never be developed.

Conclusion

It is important to the Royal Jersey Agricultural and Horticultural Society that it is able to acquire these fields close to its headquarters for the benefit of its insemination service and other business activities.

The decision was taken to negotiate a sale with the RJA&HS in this particular instance with an independent valuation being undertaken to confirm £40,000 as a fair and proper price for these fields which are to be retained as agricultural land.

Recommendation

It is recommended that the Minister approves the sale of Fields 849 and 851, Trinity, to the Royal Jersey Agricultural and Horticultural Society for £40,000 with each party responsible for their own legal fees in respect of the transaction. Also, that the contract of sale will include a covenant that fields will never be developed.

Written by Philip Ahier

Signature …………………………

Authorised by Paul Tucker

Signature ………………………… Date 18 July 2007