TREASURY AND RESOURCES DEPARTMENT
JERSEY PROPERTY HOLDINGS
Property Transaction for Ministerial Decision - Minister for Treasury and Resources
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NOT EXEMPT FROM PUBLIC DISCLOSURE
Le Boulevard, St Aubin, St Brelade – Proposed Transfer of Ownership of Road to the Parish of St Brelade
PBA 0617-01-001
Purpose
The purpose of this report is to recommend to the Minister, and to seek his approval to transfer le Boulevard to the Parish of St Brelade [PoSB].
Background
The road known as Le Boulevard, St Aubin (as shown upon the attached plan) has historically been managed by the Department for Infrastructure [DfI] and its predecessor departments as a ‘Main Road’.
However, when recent research was carried out in connection with the transfer of St Aubin’s Harbour to the newly established Ports of Jersey Ltd [PoJL], it was discovered that the land on which the road was built was in fact part of the Foreshore.
At the time, the Foreshore was in Crown ownership, but leased to the Public. Subsequently a contract of freehold transfer was passed in June 2015 and thus good title of Le Boulevard passed to the Public.
However, the road is not a “Public Road” within the definition of the 1914 Loi sue la Voirie, and therefore certain provisions of the Road Traffic (Jersey) Law 1956 [RTL] cannot be applied to same.
A contract lease for St Aubin’s Harbour between the Public and PoJL took effect in October 2015, but Le Boulevard remains in Public ownership, administered by the Department for Infrastructure, Jersey Property Holdings division [JPH].
Current Situation
Following the discovery that Le Boulevard is not a “Public Road”, JPH opened discussions with PoSB regarding the transfer of ownership of same.
The Parish has indicated that is it willing take ownership of the road, subject to the following:
- The area of land to be transferred being as shown upon the attached plan, with the final boundary lines being as agreed in the contract of conveyance.
- Approval at a Parish Assembly.
- The transfer being at nil consideration.
- Any foul water and/or surface water Public sewers located under the road remaining in the ownership of the Public, save as to any surface water gullies, which will be deemed to be part of the road, including the gully pots.
- Any private branch connections to Public sewers or other private drains will remain in their present ownership.
- Should PoJL or another neighbouring private owner be found to be needed to be party to the contract to ratify a section of boundary, any associated costs will not be borne by PoSB.
Conclusion
The Public finds itself in the unsatisfactory position of owning a road in St Brelade which is not classified as a “Public Road”.
The road is therefore deficient in respect of certain provisions of the RTL.
The Parish has indicated that it is willing to take ownership of the road, whereupon it will become a Bye-Road and thus a “Public Road”.
Recommendation
JPH recommends to the Minister that Le Boulevard, St Aubin be transferred to the Parish of St Brelade, subject to the terms set-out above.
Written By: Principal Property Manager
Signature …………………………
Authorised By: (Director/Assistant Director JPH)
Signature ………………………… 08 July 2015
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