DEPARTMENT FOR INFRASTRUCTURE
JERSEY PROPERTY HOLDINGS
Property Item for Ministerial Decision - Minister for Infrastructure
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Howard Davis Farm, Trinity – “Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008” - Proposed Revisions and Instruction to the Law Draftsman and the Law Officers’ Department
(PBA 0840/0841/0845-01-001)
Purpose
The purpose of this report is to recommend to the Minister that an instruction be issued to the Law Draftsman and the Law Officers’ Department to prepare a revised draft of the “Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008” [the Law], to address:
a) ‘Non-conforming’ land uses under the ‘principal’ and ‘ancillary’ land uses set-out in the Schedule of the Law
b) The omission from the Law of two fields forming part of Howard Davis Farm – field n° 302 (also known as La Geonnière) and ‘Côtil at Egypt’
with a view to lodging ‘au Greffe’ the revised Law for debate by the States.
Background
- The Law
In 2008 the States approved the Law, which law made it lawful for the Public, subject to the conditions in the Schedule (to the Law), to lease Howard Davis Farm [the Land], to any person(s), free from the covenant requiring that the Land be used as an experimental farm for developing the study of agriculture and for instructing in that science young people and other interested parties [the Covenant].
The catalyst for the Law was an application to let part of the Land as a commercial dairy. It was necessary to abrogate the Covenant to allow that letting to lawfully take place.
- Land Uses
The Schedule sets-out, inter-alia, the ‘principal’ and ‘ancillary’ uses to which the Land may be let.
The Law permits the States, by Regulations, to amend the Schedule.
In 2010 the States agreed to amend the Schedule to allow an area of the Land to be let as a pet cremator.
Jersey Property Holdings [JPH] liaises closely with the Howard Davis Farm Trust [the Trust] over lettings of the Land, with the Schedule expressly stating that the Land may only be let at a rent which is below the open market rate if the Trust so agrees.
- Field n° 302 (La Geonnière) and ‘Côtil at Egypt’
In the Law, “Howard Davis Farm” is defined as the house, farm buildings and land formerly known as ‘Parkfield’ which were gifted to the Public by the late Thomas Benjamin Frederick Davis in 1927.
However, the 1927 gift also included two fields in the same parish - field n° 302 (La Geonnière) and ‘Côtil at Egypt’, measuring v2.16.22 and v2.26.17 respectively. The plan attached under APPENDIX A shows the location of the two fields.
In the opinion of the Law Officers’ Department, those two fields were not covered by the Law, and remain subject to the Covenant.
It is not known why the two fields were omitted from the Law in 2008, but the best assumption at this stage appears to be that it was an oversight.
Current Situation
- Land Uses
Unfortunately, a number of uses of the Land now exist which do not strictly comply with the Schedule. These are set-out in the table in APPENDIX B.
It is therefore recommended that the Law Draftsman and the Law Officers’ Department be instructed to liaise with JPH (which department will in turn continue to liaise with the Trust[1]) to prepare a revised draft of the Law to address this matter.
The principle of this proposal is fully supported by the Trust - confirmation of which is set-out in a letter from the Chairman and Vice Chairman dated 30 September 2016 at APPENDIX C.
- Field n° 302 (La Geonnière) and ‘Côtil at Egypt’
Field n° 302 is presently licenced for equine use, the licence having commenced on 01 February 2009.
Strictly, that use breaches the covenant created in 1927 when TBF Davis gifted the land to the Public.
Certain estate management issues have arisen with the field this year which have led JPH to review the present licence arrangement and to consider options for its future management. This has in turn led JPH to consider that the field should now be included in the Law to allow its lawful letting or sale. It follows, for the sake of completeness, that the ‘Côtil at Egypt’ also be included.
It is therefore recommended that the Law Draftsman and the Law Officers’ Department be instructed to liaise with JPH (which department will in turn continue to liaise with the Trust) to prepare a revised draft of the Law to address this matter.
Conclusion
At present certain uses of the Land are taking place which do not conform with the Schedule.
Also, field 302 is being licenced out for a use which does not conform to the Covenant.
It is therefore necessary to prepare a draft revised Law and to present same to the States for debate.
As mentioned above, the principle of this proposal is fully supported by the Trust, as confirmed in the attached letter.
Recommendation
It is recommended that the Minister instructs the Law Draftsman and the Law Officers’ Department to prepare a revised draft of the “Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008”, to address:
a) ‘Non-conforming’ land uses under the ‘principal’ and ‘ancillary’ land uses set-out in the Schedule of the Law
b) The omission from the Law of two fields forming part of Howard Davis Farm – field n° 302 (also known as La Geonnière) and ‘Côtil at Egypt’
with a view to lodging ‘au Greffe’ the revised Law for debate by the States.
Written By: Principal Property Manager
Signature …………………………
Authorised By: (Director/Assistant Director JPH)
Signature ………………………… 06 October 2016
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