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A decision made (01/09/2009) regarding: Greve de Lecq Rockface and Headland - Cession to the Public.

Decision Reference: MD-PH-2009-0065
Decision Summary Title :	Grève de Lecq Rockface and Headland on North-West Coast, St Ouen – Cession to the Public		Date of Decision Summary:	27 August 2009
Decision Summary Author:	Principal Property Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Grève de Lecq Rockface and Headland on North-West Coast, St Ouen – Cession to the Public – PBA 0406		Date of Written Report:	27 August 2009
Written Report Author:	Principal Property Manager		Written Report : Public or Exempt?	Part 1 - Public Part 2 - Exempt under 3.2.1 (a) (v) (including appendices)
Subject: Grève de Lecq Rockface and Headland on North-West Coast, St Ouen – Cession to the Public
Decision(s): The Minister approved as recommended by Jersey Property Holdings: The in-principle acquisition, at nil consideration, of an area of headland and rockface at Grève de Lecq/the north-west coast, presently in private ownership, subject to: the extent of the land to be ceded and any reservations thereof being clarified by the present owner and acceptable to the Minister; the negotiation of the terms of the cession and any collateral agreements being concluded to the satisfaction of the Minister; the satisfactory completion on behalf of the Minister of any/all searches and investigations that he may be advised to make and the Minister’s satisfaction as to the appropriateness of proceeding further. That this decision be notified to the States. An undertaking to make a final decision in due course on the cession of the land following a further report on the exact extent of the headland and any additional information on the liabilities, which decision will be reported to the States in accordance with Standing Order 168.
Reason(s) for Decision: To inform the States of the Minister’s in-principle decision to agree to the cession of the subject headland by the present owner to the Public.
Resource Implications: The financial implications of this decision are detailed in the accompanying report (Part 2). There are no manpower implications associated with this decision.
Action required: The Greffier of the States to be requested to notify the States of this decision.
Signature:		Position: (Assistant Minister)
Date Signed: 01/09/09		Date of Decision (If different from Date Signed): MD-PH-2009-0065

Greve de Lecq Rockface and Headland - Cession to the Public.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Grève de Lecq Rockface and Headland on North-West Coast, St Ouen – Cession to the Public

PBA 0406

PART 1 – PUBLIC DISCLOSURE

Background

During the Visite Royale to St Ouen in August 2007, the Court’s attention was drawn to a rockface adjacent to the Public road leading to Greve de Lecq Harbour. The rockface was viewed as being unsafe and posing a risk to users of the adjacent road. Accordingly, the Court ordered action to be taken to remove the danger.

The subject rockface was subsequently confirmed as being in private ownership, and States’ officers have been in communication with the landowner to seek a solution to the problem. The landowner has offered to cede to the Public an area of headland, including the rockface, at Greve de Lecq/the north-west coast, which includes pedestrian pathways. Whilst this offer passes the liabiliity of the rockface to Public, there are certain benefits in acquiring the land. Also, there are legal issues associated with the repair liability of the rockface, which could be held to place the burden of repair on the Public regardless of ownership.

The orders made by the Court at the Visite Royale in August 2007 came before the Royal Court on 23 June 2009. The Court was critical that the two parties had not resolved the matter to date, and that the rockface remained a danger to the Public. The matter was adjourned and is due to return to Court on 07 September 2009.

Jersey Property Holdings has taken advice from the Law Officers’ Department and is recommending that the Minister makes an in-principle decision to receive the land being offered by the present owner, subject to certain conditions.

Recommendation

Jersey Property Holdings recommends that the Minister agrees to:

accept in-principle, on behalf of the Public, and at nil consideration, an area of headland and rockface at Grève de Lecq/the north-west coast, presently in private ownership, subject to:

the precise extent of the land to be ceded and any reservations thereof being fully clarified by the present owner and acceptable to the Minister;

the negotiation of the terms of the cession and any collateral agreements being concluded to the satisfaction of the Minister;

the satisfactory completion on behalf of the Minister of any/all searches and investigations that he may be advised to make.

notify the States of this decision.

undertake to make a final decision in due course on the cession of the land following a further report on the exact extent of the headland and any additional information on the liabilities, which decision will be reported to the States in accordance with Standing Order 168.

This recommendation does not bind the Minister to transact with the landowner on behalf of the Public.

Written By: Principal Property Manager

Signature …………………………

Authorised By: Director/Assistant Director

Signature ………………………… 27 August 2009

Ministerial Decision

The Minister has agreed to:

accept in-principle, on behalf of the Public, and at nil consideration, an area of headland and rockface at Grève de Lecq/the north-west coast, presently in private ownership, subject to:

the precise extent of the land to be ceded and any reservations thereof being fully clarified by the present owner and acceptable to the Minister;

the negotiation of the terms of the cession and any collateral agreements being concluded to the satisfaction of the Minister;

the satisfactory completion on behalf of the Minister of any/all searches and investigations that he may be advised to make.

notify the States of this decision.

undertake to make a final decision in due course on the cession of the land following a further report on the exact extent of the headland and any additional information on the liabilities, which decision will be reported to the States in accordance with Standing Order 168.