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The Coach House, 48 Rouge Bouillon, St Helier – Proposed Sale.

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made (14/03/2008) regarding:  The Coach House, 48 Rouge Bouillon, St Helier – Proposed Sale.

Decision Reference:  MD-PH-2008-0015

Decision Summary Title :

DS – The Coach House, 48 Rouge Bouillon, St Helier – Proposed Sale

Date of Decision Summary:

 

Decision Summary Author:

P Ahier – Principal Property Manager

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - The Coach House, 48 Rouge Bouillon, St Helier – Proposed Sale

Date of Written Report:

06 March 2008

Written Report Author:

P Ahier – Principal Property Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Subject: 920 - The Coach House, 48 Rouge Bouillon, St Helier – Proposed Sale

Decision(s): 

  1. The Minister approved, as recommended by Property Holdings, the acceptance of the highest bid received for the purchase of the Coach House, 48 Rouge Bouillon, St Helier, being £112,050 from Mr Christopher Payn Murray Forster and his wife Mrs Helen Joan Forster nee Farrington, and to cause the sale of the property, with each party to meet their own costs in passing contract.

 

  1. 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.

 

  1. 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.

 

  1. 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.

Resource Implications: 

There are no financial or manpower implications in respect of this decision except those stated in the decision.

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.

 

  1. 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: 
 
 

Deputy J A N Le Fondré

Position: 

(Assistant Minister)1

                 

MD-PH-2008-0015

Date Signed: 

14/03/08

Date of Decision (If different from Date Signed): 

The Coach House, 48 Rouge Bouillon, St Helier – Proposed Sale.

TREASURY AND RESOURCES DEPARTMENT  

PROPERTY HOLDINGS  

Property Transaction for Ministerial Decision - Minister for Treasury and Resources  

The Coach House, 48 Rouge Bouillion, St Helier – Proposed Sale

PBA 920  

Background  

The public acquired the Coach House in 1982 as part of an adjoining property which was demolished to enlarge the playground at Rouge Bouillon Primary School.  

It is a 2 storey property, the ground floor being open plan storage and the first floor comprising a residential unit. It is in dilapidated condition and has remained unused since 2003. 

The property was previously administered by the then Housing Committee with the residential unit being let to a social tenant. When the previous tenant died in 2003, the Housing Department decided that due to the very poor condition of the accommodation, it would discontinue using the residential unit and transferred the building to the then Property Services department. 

The property has a gross internal area of 845 sq ft on the ground floor and 832 sq ft on the first floor, although this upper level is built within the attic of the pitched roof. There is also a small walled-in yard measuring 115 sq ft. 

In 2003 the property was surveyed and reported as being in very poor condition with severe rain penetration, structural dampness and structural cracking. No maintenance has been undertaken on the property since then, and its condition has deteriorated considerably to the extent that rainwater freely penetrates parts of the roof structure. There is concern about the integrity of structural timbers which are affected by decay. 

It is understood that the former Education Department/Committee considered the option of incorporating the Coach House into the grounds of Rouge Bouillion School, but rejected it due to unavailability of capital funding. Consideration was also given to converting the building into a youth facility, but its direct access onto Rouge Bouillion was a significant concern, and again the absence of capital funding was a prohibitive factor. 

In 2004, the States approved P119/2004 which authorised the disposal of this property. The Coach House was subsequently tendered by local property agent Gaudin & Co, with the highest tender received being £95,000, which was formally accepted and an instruction issued to the Law Officers’ Department.  

It is understood that the successful tenderer was planning to convert the property into a two storey dwelling, and intended to install windows with clear glazing into the ground floor which would have overlooked the school playground. 

This was deemed unacceptable by the school, and unable to resolve the issue, the sale was never concluded.  

Current Situation  

Due to concerns about the deteriorating condition of the property and a wasting asset, it was decided to consider again the disposal of the property. The Coach House remains surplus to any operational needs of the States and requires expenditure of circa £200,000 to render it wind and watertight and structurally sound. 

In order to overcome the school’s concerns, it is proposed that the property be sold with covenants that it can never be used for residential purposes and that no windows will ever be established which would overlook the school playground (a full set of the conditions and covenants of sale is attached to this report). The school has responded that it would not object to the sale under these conditions. 

The property has been marketed again by Gaudin & Co, who valued the property at £95,000 taking into consideration its poor condition and the conditions of sale. Interested parties were asked to submit bids by a closing date and the following six bids were received: 

  1. £95,000
  2. £95,000
  3. £100,000
  4. £106,000
  5. £110,000
  6. £112,050

 

The highest bid of £112,000 is from a Mr Christopher Payn Murray Forster and his wife Mrs Helen Joan Forster nee Farrington. Their offer is unconditional and they have funds available for immediate purchase. 

Gaudin & Co and Property Holdings consider that £112,050 is a fair and proper price for the property and reflects its market value. Approximately 70 parties enquired about the property and over 40 viewed it, but only six submitted bids. 

Recommendation 

It is recommended that the bid of £112,050 submitted by Mr Christopher Payn Murray Forster and his wife Mrs Helen Joan Forster nee Farrington be accepted and the property sold, with each party to meet their own costs in passing contract. 

Written by: Philip Ahier 
 

Signature ………………………… 
 

Authorised by: David Flowers     
 

Signature  …………………………    06 March 2008

 

 

TERMS & CONDITIONS TO BE INCLUDED IN THE SALE OF THE COACH HOUSE, ROUGE BOUILLON, ST. HELIER 

CLAUSE 1  That the gutter and parts of the roof forming part of the property now sold can remain as they are at present established, even though they overhang the playground forming part of Rouge Bouillon School. 

CLAUSE 2  That the Purchaser will have access rights onto the playground forming part of Rouge Bouillon School, with or without workmen, tools, materials, ladders and scaffolding, but only after having given at least two weeks' prior notice to, and having received the express permission from the Head teacher of Rouge Bouillon School to do so, which permission will be granted at the absolute discretion of the Head teacher, in order to repair, renew, clean, maintain and upkeep the roof, gutters and walls of the property now sold; charging the Purchaser to complete the works as quickly as possible, to cause the least inconvenience possible to the staff and pupils of the School and to reinstate the areas affected in a clean and agreeable state to the satisfaction of the Head teacher. It being understood that the above-mentioned permission will only be granted by the Head teacher on the following conditions: 

  1. Where possible, access will coincide with school holiday periods, unless otherwise agreed with the Head teacher, and except in cases of emergency, when immediate access may be gained in order to make safe the danger.

 

  1. That herris fencing, or similar, of at least two metres in height is placed one metre from the base of any scaffolding erected on the playground in order to prevent access from the playground to the working area;

 

  1. That any scaffolding and/or fencing used must not impede in any way the use of the gate in the south-west corner of the playground as a means of access to and from the playground;

 

  1. That any scaffolding erected above the area close to the gate in the south-west corner of the playground must be covered in netting to prevent any objects falling off the scaffolding onto anyone using the gate;

 

  1. That the above conditions are to be carried out to the satisfaction of the Head teacher of Rouge Bouillon School and of a Health and Safety Inspector from the Social Security Department.

 

  1. That in the event that no scaffolding is used, herris fencing, or similar, must be placed two meters from the northern and eastern walls of the property now sold in order to prevent access from the playground to the working area;

 

 

CLAUSE 3 That the Purchaser will not be permitted to use the gate in the south-west corner of the playground as access to the playground without the express permission of the Head teacher of Rouge Bouillon School, who will set-out in writing the times and conditions of use of the gate, which times and conditions will be decided at his absolute discretion. 

CLAUSE 4 That the Purchaser will not establish any windows in the northern roof elevation of the property, unless those windows are in obscure glass and non-opening. 

CLAUSE 5 That the window at present in the eastern gable of the property will be changed to obscure glass and made to be non-opening. 

CLAUSE 6 That no windows will be established in the property which could overlook the playground, and no door openings will ever be created on the playground. 

CLAUSE 7 That the Public will have the right to choose the colour of the paint used by the Purchaser to paint the northern wall of the property now sold and the northern and eastern walls of the yard to the east of the house now sold and furthermore the Public will also have the right to paint the northern side of the property and the northern and eastern walls of the yard at its own expense whenever it considers it necessary. 

CLAUSE 8 That the Public will have the right to keep the wire fencing attached to the northern and eastern walls of the walled-in yard forming part of the property now sold with a right to replace, renew, repair, maintain and upkeep the fencing whenever necessary. 

CLAUSE 9 The walled-in yard at the east-end of the property now sold must remain walled-in, with the height of the wall never reduced from its existing height.  No door openings must ever be created in the north and east walls of the walled-in yard. 

CLAUSE 10  That the Purchaser will indemnify and keep the Public indemnified against all claims, actions or expenses resulting from any damage, loss or injury caused by the Purchaser in exercising their above-mentioned rights of access onto the playground forming part of Rouge Bouillon School. 

CLAUSE 11 That the property now sold will never be used for residential purposes. 

CLAUSE 12 That any trade, business or commercial activity conducted or undertaken on the property will cause no nuisance to Rouge Bouillion School in respect of noise, fumes or odour. 

CLAUSE 13 That nothing will be conducted or undertaken on the property now sold which by its noise, fumes or odour could prejudice or be a nuisance to Rouge Bouillon School. 

CLAUSE 14 That no animals or poultry (including pigeons) whatsoever will be kept or tolerated on the property now sold.

 

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