12 and 14 New Street, St. Helier: Highway: Extinguishment part of

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A decision made 10 June 2014:

Decision Reference: MD-T-2014-0054

Decision Summary Title :

Extinguishment of Part of the Highway Adjacent to Numbers 12 and 14 New Street

Date of Decision Summary:

04 June 2014

Decision Summary Author:

Senior Engineer

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Extinguishment of Part of the Highway Adjacent to Numbers 12 and 14 New Street

Date of Written Report:

04 June 2014

Written Report Author:

Senior Engineer

Written Report :

Public or Exempt?

Public

Subject: To extinguish a small part of New Street along the boundary with numbers 12 and 14 New Street to enable De Gruchy’s to redevelop their site in accordance with approved plans.

Decision(s): The Minister approved the extinguishment of a 23m² section of the Public Highway adjacent to 12 and 14 New Street.

Reason(s) for Decision: To enable De Gruchy’s Limited to develop on land in New Street that is currently part of the Public Highway.

Resource Implications: Once the road has been extinguished Transport and Technical Services will return this small parcel of land to Jersey Property Holdings for sale to De Gruchy and Co for an amount agreed by the Treasury Minister.

Action Required: Senior Engineer to instruct the Law Officers Department to request the commencement of proceedings to extinguish a small section of the Highway alongside 12 and 14 New Street.

Signature:

Position:

Date Signed:

Date of Decision (If different from Date Signed):

12 and 14 New Street, St. Helier: Highway: Extinguishment part of

TRANSPORT AND TECHNICAL SERVICES

EXTINGUISHMENT OF PART OF THE HIGHWAY ADJACENT TO NUMBERS

12 AND 14 NEW STREET

Purpose of the Report

To extinguish a small part of New Street along the boundary with numbers 12 and 14 New Street to enable De Gruchy’s to redevelop their site in accordance with approved plans.

Background

Transport and Technical Services were recently informed that De Gruchy’s Limited wish to re-develop 8 to 14 New Street. The plans that have been approved under the Planning Law show the development extending into land that is currently part of the Public Highway.

Land that is part of the Public Highway cannot be developed. The section of land, shown hatched on the drawing in appendix 1 will therefore need to be extinguished and transferred to the ownership of De Gruchy’s Limited before the development can go ahead.

Discussion

De Gruchy and Co Ltd were granted consent to demolish 12 and 14 New Street in 2009 and construct a new building with ground and first floor retail space as well as 20 residential apartments. At the time of the application the applicant believed that an area of approximately 23m² adjacent to the Highway was in their ownership. The area in question is shown shaded in the sketch drawing in appendix 1. In early 2014 on checking the situation with Jersey Property Holdings and the Law Officers Department it was determined that the land is actually in Public Ownership and therefore part of the Public Highway.

Before land that is part of the Public Highway can be used for such commercial development as De Gruchy’s wish to carry out, the part of the land concerned is required to be extinguished. A road or part of a road can only be extinguished by Order of the Royal Court, under the Extinguishment of Roads (Jersey) Law 1972 on the following grounds:

(a) the road which forms the subject of the application is unnecessary;

(b) it is in the public interest that the road should be extinguished; or

(c) it is necessary or desirable in connection with the proper development of any part of Jersey that the road should be extinguished.

It is considered to be in the Public interest to allow De Gruchy’s to develop their site to the approved Planning Permit, in the interests of economic growth.

Conclusion

It is considered to be in the Public interest to allow De Gruchy’s to develop their site to the approved Planning Permit, in the interests of economic growth, by extinguishing a 23m² section of the Public Highway alongside 12 and 14 New Street.

Recommendation

The Minister is recommended to approve the extinguishment of a 23m² section of the Public Highway adjacent to 12 and 14 New Street.

Reason(s) for Decision

To enable De Gruchy’s Limited to develop on land in New Street that is currently part of the Public Highway.

Resource Implications

There are no resource implications for Transport and Technical Services.

Action Required

Senior Engineer to instruct the Law Officers Department to commence appropriate proceedings to extinguish 23m² of the Highway adjacent to 12 and 14 New Street and to ask Jersey Property Holdings to transfer the ownership of the land to De Gruchy’s in exchange for an appropriate sum of money.

Written by:	Senior Engineer

Approved by:	Director of Transport

Endorsed by:	Director of Infrastructure and Engineering Services

Attachments:	Appendix 1