HOUSING DEPARTMENT
Property Transaction for Ministerial Decision - Minister for Treasury and Resources
Kew Gardens , Grand Vaux, St Helier –
Sale of Land to Frogmore Holdings Limited
AV 11/972
Purpose
To request the approval of the Minister for Housing to the sale of land to Frogmore Holdings Limited in order to ratify the new boundary with the Kew Gardens housing development.
Background
The Public was approached by Frogmore Holdings Limited in relation to the redevelopment of its site (formerly Laurent Garage), requesting consent to construct the new development up to the centre line of the party wall.
It was agreed between both parties for Professional Hi-Tech Services to survey the site before the redevelopment commenced, in order that the location of the wall could be recorded. Professional Hi-Tech Services would then re-survey the new wall on completion, to confirm that it has been constructed in the correct location.
On completion, the wall was re-surveyed and although the southern end of the new wall was constructed in the correct location, at the northern end the new wall has encroached 150mm onto Public property (approximately 7.6sq ft). It is therefore proposed to that the Public cede the small area of land to Frogmore Holdings Limited and ratify the new boundary.
Current Situation
Terms and conditions have been agreed between the Public of the Island and Frogmore Holdings Limited as follows:
1) The Public of the Island shall cede an area of land measuring approximately 7.6 sq ft upon which the new development has been constructed, to Frogmore Holdings Limited for a nominal consideration of £10.
2) Frogmore Holdings Limited’s new development shall be wholly to the west of the new boundary, apart from the foundations thereof which are permitted to extend beyond the boundary line in this area and beneath the Public Property. Beyond this point, extending along the boundary in a southerly direction, the original party wall status of the boundary shall be retained.
3) That rights of access for repair and maintenance be granted to Frogmore Holdings Limited and their successors in title, subject to standard terms and conditions. In the event there is a need to enter upon Public land to undertake such repairs and maintenance by workman, scaffolding etc. a minimum period of two weeks written notice shall be provided.
4) No doors, windows or service penetrations will be constructed in the gable wall adjoining Kew Gardens. The capping to the head of the gable wall of the front block which encroaches onto Public land shall be permitted to remain, but will be removed at nil cost to the Public in the event the Public build up to the said gable wall. In the event of the Public making use of the proposed right to join against the development, then the Public should take the necessary precautions to ensure the adjoining development be left in a wind and watertight condition.
5) The Public shall retain an unfettered right to build up to Frogmore Holdings Limited’s gable wall.
6) The reasonable professional fees of the Public including the cost incurred by the Law Officers’ Department, Property Services fees of £350 and Professional Hi-Tech Services Limited will be met by Frogmore Holdings Limited.
7) As they are no longer relevant, the existing contractual drainage rights concerning 2 Kew Villas and in favour of the Public as owner of Kew Gardens be cancelled.
Recommendation
It is recommended that the Public approve the sale of land to Frogmore Holdings Limited and ratify the new boundary.
C B Mavity
Director of Estate Services
17 August 2006