Oxford Road: Part Extinguisment and Transfer to the Public

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A decision made on 21 December 2011:

Decision Reference: MD-PH-2011-0133

Decision Summary Title :

DS – Oxford Road (Part), St Helier – Proposed Extinguishment and transfer to the Public as part of the Millennium Town Park

Date of Decision Summary:

11 November 2011

Decision Summary Author:

Principal Property Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - Oxford Road (Part), St Helier – Proposed Extinguishment and transfer to the Public as part of the Millennium Town Park (PBA 0085)

Date of Written Report:

11 November 2011

Written Report Author:

Principal Property Manager

Written Report :

Public or Exempt?

Report - Public

SD1 - Public

Subject: Oxford Road (Part), St Helier – Proposed Extinguishment and transfer to the Public as part of the Millennium Town Park

Decision(s):

1. The Minister decided, as recommended by Jersey Property Holdings, to notify the States of his intention to:

a. take ownership from the Parish of St Helier of the section of Oxford Road which has been incorporated into the Millennium Town Park, the transfer being nil cost, but subject to the Parish’s reasonable fees incurred in connection with extinguishing the road and passing contract being met by the Public, and subject to a permanent cycle route being established across the park as per the provisions of the Policing of Parks (Jersey) Regulations 2005

b. to confirm the above decision after giving the States 15 working days’ notice of the transaction, and to cause the transaction to be completed

Reason(s) for Decision:

1. Under Standing Order 168 (1) (a) the Minister is obliged to notify the States that he has accepted the recommendation of Jersey Property Holdings to agree to the above land transaction.

Resource Implications:

The financial implications of this decision are detailed in the accompanying report.

There are no manpower implications in respect of this decision.

When the sale is concluded the States asset balance sheet will be amended to account the transaction

Action required:

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.

The Director of Jersey Property Holdings is to copy this decision and the accompanying report to the Connétable of St Helier.

Signature:

Position:

Deputy E J Noel *

Assistant Minister for Treasury & Resources

Date Signed:

Date of Decision (If different from Date Signed): MD-PH-2011-0133

Oxford Road: Part Extinguisment and Transfer to the Public

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

OXFORD ROAD (PART), ST HELIER – PROPOSED EXTINGUISHMENT AND TRANSFER TO THE PUBLIC AS PART OF THE MILLENNIUM TOWN PARK

PBA 0085

Purpose

The purpose of this report is to seek ministerial approval for the Public to take ownership, from the Parish of St Helier, of the section of Oxford Road co-extensive with the Millennium Town Park, the transfer being at nil cost, but subject to the Parish’s reasonable legal costs - in connection with the extinguishment of the road and transferring ownership - being met by the Public.

Background

The Millennium Town Park, which was formally opened on 29 October 2011, incorporates a section of Oxford Road, as shown upon the accompanying plan.

That section of Oxford Road has been removed and fully incorporated into the Park, with a new surface being created for pedestrians and cyclists to cross the site.

Oxford Road is administered by the Parish of St Helier, which agreed the incorporation of the relevant section into the park and its use ceasing as a Public highway.

However, the process of formalising the transfer of the roadway to the Public, and the extinguishment of same has lagged behind the construction of the new park.

Current Situation

A formal request was made earlier this year to the Parish for the following:

the section of Oxford Road now incorporated into the Millennium Town Park to be extinguished as a public highway;
ownership of that section of the roadway to be transferred from Parish to Public ownership at nil cost.

The Parish responded that it is willing to present a Report and Proposition to an Assembly in support of the above, subject to:

a permanent cycle route being established across the line of the ‘incorporated’ section of Oxford Road and provision for same being covered under the Policing of Parks (Jersey) Regulations 2005, with the final wording of the necessary Order to be agreed with the Parish;
the Parish’s reasonable legal fees in extinguishing the roadway and transferring ownership, to be met by the Public.

Conclusion

Part of Oxford Road, being a Parish highway, has now been incorporated into the Millennium Town Park in the ownership of the Public.

It is essential that the extinguishment of the road is effected and that the ownership is transferred to create a single corpus fundi for the new Public open space.

The Parish’s requirement for the line of the road to remain open for cyclists to cross the park is considered to be reasonable, as is the request for all reasonable costs incurred in connection with the extinguishment and transfer (estimated to be in the order of £3,000).

Recommendation

It recommended that the Minister agrees for the Public to take ownership from the Parish of St Helier of the section of Oxford Road which has been incorporated into the Millennium Town Park, the transfer being at nil cost, but subject to the Parish’s reasonable fees in connection with the extinguishment of the road and passing contract being met by the Public, and subject to a permanent cycle route being established across the Park in accordance with the provisions of the Policing of Parks (Jersey) Regulations 2005.

Written By: (Principal Property Manager)

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 11 November 2011