5 Le Clos Lauren, Belle Vue, St. Brelade

Information about the publication of Ministerial Decisions

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

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
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision (14/03/2008) regarding: 5 Le Clos Lauren, Belle Vue, St. Brelade - Proposed Sale of Land.

Decision Reference: MD-PH-2008-0016
Decision Summary Title :	5 Le Clos Lauren, Belle Vue, St Brelade		Date of Decision Summary:	14/03/08
Decision Summary Author:	Philip 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 – 5 Le Clos Lauren, Belle Vue, St Brelade – Proposed Sale of Land PBA 1091		Date of Written Report:
Written Report Author:	Philip Ahier – Principal Property Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: 1091 - 5 Le Clos Lauren, Belle Vue – Proposed Sale of Land
Decision(s): The Minister approved, as recommended by Property Holdings, the sale of a 5’0” wide strip of land adjoining 5 Le Clos Lauren, Belle Vue to Mr David Edward Journeaux and Mrs Moyra Journeaux née Ritchie for a consideration of £100, and with each party to meet their own costs in connection with passing contract. 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. 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. After the expiry of 15 working days following presentation to the States the transaction may be concluded.
Reason(s) for Decision: 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.
Resource Implications: There are no financial or manpower implications in respect of this 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. 2. 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 Deputy Treasurer.
Signature: Deputy J A N Le Fondré		Position: (Assistant Minister)*
Date Signed: 14/03/08		Date of Decision (If different from Date Signed): MD-PH-2008-0016

5 Le Clos Lauren, Belle Vue, St. Brelade - Proposed Sale of Land.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

5 Le Clos Lauren, Belle Vue, St Brelade – Proposed Sale of Land

PBA 1091

Background

When development land at Belle Vue was sold by the public to Marett-West Ltd, it was decided to retain a 5’0” wide strip of land on part of the southern boundary adjoining Don Farm housing estate. The boundary between Belle Vue and Don Farm was uncertain, and there were concerns that this would lead to delays in selling the land to the developer and/or delays in the onward sale of the new houses to first time buyers. The retention of the 5’0” wide strip of land therefore created a certain boundary to the land being sold to the developer. It also allowed an existing row of Leylandii trees to be retained which offered privacy between opposing houses.

Following the completion of the Belle Vue housing estate, some of the house owners whose rear gardens adjoin the public’s 5’0” wide strip of land expressed an interest in purchasing their respective sections. To date, the sections adjoining 3 and 4 Le Clos Lauren, Belle Vue, and 5 Le Clos Emma, Belle Vue, have been sold.

The owners of 5 Le Clos Lauren, Mr and Mrs Journeaux, have now also requested the opportunity to purchase the section of the public’s 5’0” wide strip of land adjoining their garden.

The 5’0” wide strip of land serves no purpose to the general public, but rather, is a maintenance liability. The line of trees which exist on the land are the responsibility of the public to maintain. By selling off sections of the strip of land, the maintenance burden reduces.

The transactions which took place previously with the owners of 3 and 4 Le Clos Lauren, and 5 le Clos Emma were for a consideration of £100, with each party paying their own fees.

The land in question does not have an open market value as such, because the only prospective purchasers would be the owners of 5 Le Clos Lauren. Whilst the value of the land to the owners of 5 Le Clos Lauren is likely to exceed £100, it is felt that the benefit to the public in disposing of it and removing the maintenance liability, is such that it is more advantageous to take the opportunity to dispose of the land at a nominal sum.

The following terms have therefore been agreed between Property Holdings and the owners of 5 Le Clos Lauren.

Parties to contract	The public on the one part as the owner of the 5’0” wide strip of land between Belle Vue and Don Farm, and Mr David Edward Journeaux and Mrs Moyra Journeaux née Ritchie on the other part, as owners of 5 Le Clos Lauren, Belle Vue, St Brelade.
Details of sale	The public will sell to Mr and Mrs Journeaux its section of the 5’0” wide strip of land, co-extensive with the rear garden of 5 Le Clos Lauren, as shown on the attached plan 1091 D1.
Consideration	Mr and Mrs Journeaux will pay the public the sum of £100 for the purchase of the land.
Fees	Each party will meet its own legal fees in connection with the drafting, approving and passing of the contract before the Royal Court.

Recommendation

This report recommends the sale of a 5’0” wide strip of land adjoining 5 Le Clos Lauren, Belle Vue to Mr David Edward Journeaux and Mrs Moyra Journeaux née Ritchie for a consideration of £100, and with each party to meet their own costs in connection with passing contract.

Written by: Philip Ahier

Signature …………………………

Authorised by: David Flowers

Signature ………………………… 12 March 2008