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A decision made (07/09/07) regarding: Land at the Junction of La Rue ès Picots and Rue du Presbytère, Trinity – Automobile Association Roadside Telephone Box No. 687.

Subject:	Land at the Junction of La Rue ès Picots and Rue du Presbytère, Trinity – Automobile Association Roadside Telephone Box No. 687
Decision Reference:	MD-PH-2007-0074	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:		PT 1912
Written Report – Title	Land at the Junction of La Rue ès Picots and Rue du Presbytère, Trinity – Automobile Association Roadside Telephone Box No. 687	Written report - author		Paul Tucker – Assistant Director
Decision(s): 1. The Minister approved, as recommended by Property Holdings, to accept on behalf of the Public, the gift, by the Parish of Trinity, of the land on which the AA Box No. 687 stands. 2. 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. 3. Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public. 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 is to instruct the Attorney General and the Greffier to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Assistant Treasurer.
Signature: (Assistant Minister) Deputy J A N Le Fondré			Date of Decision: MD-PH-2007-0074

Land at the Junction of La Rue ès Picots and Rue du Presbytère, Trinity – Automobile Association Roadside Telephone Box No. 687

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision –

Minister for Treasury and Resources

Land at the Junction of La Rue ès Picots and Rue du Presbytère, Trinity - Automobile Association Roadside Telephone Box No. 687

PT 1912

Purpose

The Minister is asked to accept on behalf of the Public, the gift, by the Parish of Trinity, of the land on which the AA Box No. 687 stands.

Background

In October 2002, the Automobile Association gifted its Roadside Telephone Box No 687 at Trinity to the States of Jersey in order that it can be maintained and secured in its current position for the future.

The Box has been designated as a ‘Building of Local Interest’ under the Island Planning Law and as such it cannot be altered or removed under normal circumstances. Whilst the Environment and Public Services Committee was willing to accept administrative responsibility for the Box it was established that it was not on land which is in the Public ownership.

In 2002, Property Services was given legal advice which indicated that the land on which the Box is erected was in the ownership of the “Bénéfice ou Rectorat de la Paroisse de la Trinité (having right by hereditary purchase from the Reverend William du Heaume by contract dated 11 May 1861).

This seemed to be confirmed by the fact that the Automobile Association entered into a lease agreement in 1953 and made payments of £1 a year to the Reverend A C Grainger, Holy Trinity Rectory, Trinity, Jersey and, curiously, the Reverend L W Hibbs, The Rectory, Grouville. The latter was probably in respect of a similar AA Box which was at Gorey.

Following correspondence with the Reverend Keogh and the Constable of Trinity in 2003, it was agreed that the land did in fact belong to the Rectorat and arrangements were immediately made to seek the approval of a Parish Assembly to gift the small triangular area of land to the Public.

The Ecclesiastical Assembly eventually met on the 4 November 2004 and it was agreed to transfer the ownership of the land on which the AA Box stands to the Environment and Public Services Committee on behalf of the Public on condition that the Public pay all the legal fees associated with the transfer.

A Report and Proposition was prepared on behalf of the Environment and Public Services Committee to seek the agreement of the States for the transfer of the land, but at that point the lawyer acting on behalf of the Parish came to the conclusion that the AA Box was not on land in the ownership of the Rectorat or the Parish, but appeared to be part of Field 578 which was owned by Mrs M V Edwards.

Subsequently, agreement was reached between Mrs Edwards and the Parish of Trinity for Field 578 and by contract in the Royal Court was gifted to the Parish on 23 March 2007. This included the land on which the AA Box is situated.

Current Situation

At a Parish Assembly held on 19 July 2007, the Parish of Trinity agreed to gift the small area of land on which the AA Box stands to the Public of Jersey, and instructed the Connetable and Procureurs to pass contract in the Royal Court once the contract has been finalised. The Public will pay all legal fees associated with the transaction.

A condition will be included in the contract ensuring that any revenue from the land will be secured for the Public.

Conclusion

This is the only remaining ‘old sentry’ style AA Box in Jersey, which is still in its original location. It is also one of only 30 which remain throughout the UK. The former Environment and Public Services Committee was keen to ensure as far as possible that it remains in its existing position for the benefit of future generations. This view is shared by Property Holdings, which will take responsibility for the maintenance of the roadside Box and the small area of land that immediately surrounds it.

Recommendation

The Minister is asked to confirm the decision to acknowledge the generous gifting by the Parish of Trinity of the roadside land of approximately six square metres forming part of Field 578, Trinity, at the junction of La Rue es Picots and La Rue du Presbytere, and accept it on behalf of the Public of the Island to ensure as far as possible that this particular AA Box is maintained in its original position as an example of motoring heritage for the benefit of future generations.

Written by Paul Tucker

Signature ………………………… 15 August 2007