Our Hospital Project: Acquisition of Land by Compulsory Purchase: First Notice(s)

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A decision made on 29 December 2021

Decision Reference: MD-PE-2021-0099

Decision Summary Title:

Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s)

Date of Decision Summary:

21 December 2021

Decision Summary Author:

Private Secretary

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s)

Date of Written Report:

21 December 2021

Written Report Author:

Private Secretary

Written Report:

Public or Exempt?

Public

Subject:

Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s).

Decision(s):

Following the States Assembly decision to adopt P.80/2021, which, in the absence of an agreement being reached, approved the acquisition by the Public of the land and properties required to deliver the Our Hospital project at Overdale by the procedure as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, the Assistant Minister for the Environment has decided to give notice to commence this procedure to acquire the following -

Driveway, strip of land and raised planter at entrance to Hillcrest and Castle View owned by 5 Hillcrest, Westmount Road, St Helier, JE2 3LP; and
The parcels of land in the ownership and administration of Parish of St Helier:

Ref	Description
P01	Car Parking along Peirson Rd
P02	Petanque Pitch Verge adjacent St Aubins Rd
P04	Inn on the Park Car Park – car parking spaces (44 no) adjacent St Aubins Rd
P05/O23	People’s Park Car Park – car parking spaces (69 no) including 2no bays for bicycles and motor bikes
P06	Promenade including a section of playground adjacent to Westmount Road and attenuation tank
P07	Land to the north of People’s Park including walkway
P08/O12	Protected open space area utilised by Bowling Club
P09	Protected open space to the south of upper Westmount Rd with steps on north east (1823m2)
P10	Verge to the north of Jersey Bowling Club (1660m2)
P11	Verge to the west of Westmount Rd (1570m2)
P12/O12	Protected open space (300m2) adjacent St John’s Rd (Clos Vaze)
New	Near monument/Victoria Park (west)

The Assistant Minister also requested that a response to the first notice be received from the owner of said land within 28 days. Vacant possession will be required on 15 June 2022.

Note: For the avoidance of doubt, this administrative decision should not be considered an endorsement or otherwise of planning application P/2021/1670 (New Hospital - Overdale Site, Westmount Road, St. Helier) which will be subject to a separate decision by the Minister under Article 12 (public inquiries) of the Planning and Building (Jersey) Law 2002.

Reason(s) for Decision:

P.129/2020, which authorised the acquisition by agreement of the land and properties required to deliver the Our Hospital project at Overdale and approved the principle of the use of compulsory purchase powers in the absence of reaching agreement was adopted by the States Assembly on 17 November 2020.

Subsequent to P.129/2020, P.80/2021 was approved by the States on 7 October 2021, which approved and authorised the acquisition by the Public of the land and properties required to deliver the Our Hospital project at Overdale by the procedure as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

Most, but not all, of the land and properties required to deliver the Our Hospital project at Overdale has been acquired by agreement. Given the lapse of time since the States first authorised the assembly of the land and properties required to deliver the Our Hospital project at Overdale the Assistant Minister for the Environment has decided to give notice to commence the compulsory purchase procedure for the remaining land and properties required to deliver the Our Hospital project at Overdale as agreement has not been reached with all of the relevant owners to assemble the States’ preferred site.

The land identified requires acquisition as part of the Our Hospital Project following the approval and adoption of P.123/2020, P.129/2020, P.167/2020 and P.80/2021 by the States Assembly.

For the avoidance of doubt, it is acknowledged that agreement can be reached during the process of compulsory purchase

Resource Implications:

There will be a financial cost to the Government of Jersey that will be determined by the Board of Arbitrators in accordance with Article 119 (4) of the Planning and Building (Jersey) Law 2002 and Article 10 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

Action required:

To instruct the Greffier of the States to serve the first notices for the compulsory purchase of:

Driveway, strip of land and raised planter at entrance to Hillcrest and Castle View owned by 5 Hillcrest, Westmount Road, St Helier, JE2 3LP; and
The parcels of land in the ownership and administration of Parish of St Helier.

Signature:

Deputy Gregory Guida

Position:

Assistant Minister for the Environment

Date Signed:

Date of Decision (If different from Date Signed):