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A decision made (21.08.07) approve the proposed transfer of ownership of public land at Fair Oaks, Grande Route de St. Clement, St. Clement.

Subject:	Public Land at Fair Oaks, La Grande Route de St Clement, St Clement – Proposed Transfer of Ownership
Decision Reference:	MD-PH-2007-0069	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 2051/1
Written Report – Title	Public Land at Fair Oaks, La Grande Route de St Clement, St Clement – Proposed Transfer of Ownership	Written report - author		Philip Ahier
Decision(s): 1. The Minister approved, as recommended by Property Holdings, that an area of public land at Fair Oaks measuring approximately 58 sq m (624 sq ft) be ceded free of charge to N° 7 Fair Oaks, owned by Miss Christine Margery de Gruchy, for the purpose of extending the domestic garden, on the conditions that:  The drains and manholes beneath the land remain in public ownership with Miss de Gruchy granting free access at all times for maintenance and inspection purposes.  The public will not be liable for any damage caused to the land resulting from the inspection, repair or replacement of the drains/manholes.  The contract of sale will include a clause prohibiting any form of construction on the land being ceded.  The public’s costs associated with the ceding of the land will be met by Miss de Gruchy. 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. 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 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)[1] Deputy J A N Le Fondré			Date of Decision: MD-PH-2007-0069 21/08/07

Fair Oaks, Grande Route de St. Clement - proposed transfer of ownership of public land

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Public Land at Fair Oaks, La Grande Route de St Clement, St Clement – Proposed Transfer of Ownership

PBA 2051/1

In the early 1970s a private residential close known as “Fair Oaks” was developed off La Grande Route de St Clement, St Clement. The development required a pumping station for the foul drainage.

The States’ Resources Recovery Board at the time agreed to take ownership of a small area of land at “Fair Oaks” on which the pumping station had been built.

A few years later, improvements to the drainage infrastructure in the area meant that the pumping station was no longer required, and the drainage at Fair Oaks became a conventional gravity system. The pumping station was removed and the area of public land was paved over, although two large drainage manholes remained in-situ.

The land, which measures approximately 58 sq m (624 sq ft), has served no purpose since then, although residents of Fair Oaks have made occasional use of it for parking vehicles and boats.

The paving has now deteriorated with age and is in dangerous condition. Residents at Fair Oaks have requested that Property Holdings makes safe the land. The cost of relaying a surface is £4,133.75 (Ronez Ltd quotation).

The land borders La Rocquier School, but the head teacher of the school has declined to make use of the land on the grounds of need and cost.

The land also borders N° 7 Fair Oaks which is owned by Miss Christine Margery de Gruchy. Miss de Gruchy is willing to take ownership of the land to extend her garden, but is unwilling to take ownership of the drains and deep manholes which exist beneath the land, because of the liability that they present.

Because of the cost of converting the land to a garden and the situation with the drains and manholes, which must remain freely accessible for maintenance and inspection purposes, Miss de Gruchy is unwilling to pay a consideration for the land, but she is willing to meet the public’s costs in passing contract to transfer ownership.

Taking into consideration that the public is faced with having to spend in excess of £4,000 to maintain an area of land which serves no public purpose, Property Holdings is minded to recommend that the ownership be transferred to Miss de Gruchy at no cost, save for the payment of the public’s costs by the purchaser.

The public would retain access at all times to the drains and deep manholes which exist beneath the land, and would not be liable for any damage caused to the land resulting from the inspection, repair or replacement of the drains/manholes.

It is proposed that the contract of sale would include a clause prohibiting any form of construction on the land.

Recommendation

It is recommended that an area of public land at Fair Oaks measuring approximately 58 sq m (624 sq ft) be ceded free of charge to N° 7 Fair Oaks, owned by Miss Christine Margery de Gruchy, for the purpose of extending the domestic garden, on the conditions that:

The drains and manholes beneath the land remain in public ownership with Miss de Gruchy granting free access at all times for maintenance and inspection purposes.

The public will not be liable for any damage caused to the land resulting from the inspection, repair or replacement of the drains/manholes.

The contract of sale will include a clause prohibiting any form of construction on the land being ceded.

The public’s costs associated with the ceding of the land will be met by Miss de Gruchy.

Written By: Philip Ahier

Signature …………………………

Authorised By: (Director/Assistant Director PH)

Signature ………………………… 07 August 2007