JEC Substation No 283, Le Mont Rossignol, St Ouen

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A decision made on 9 November 2009 in respect of the JEC Substation No. 283, Le Mont Rossignol, St. Ouen

Decision Reference: MD-PH-2009-0080
Decision Summary Title :	DS - JEC Substation No. 283, Le Mont Rossignol, St Ouen		Date of Decision Summary:	04/11/09
Decision Summary Author:	Estates & Building Surveyor		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - JEC Substation No. 283, Le Mont Rossignol, St Ouen		Date of Written Report:	04/11/09
Written Report Author:	Estates & Building Surveyor		Written Report : Public or Exempt?	Public
Subject: AF - JEC Substation No. 283, Le Mont Rossignol, St Ouen
Decision(s): 1. The Minister approved, as recommended by Jersey Property Holdings, for the Public to ratify the status quo and to agree that JEC sub-station 283, Le Mont Rossignol, St Ouen would not be considered to be a breach of the height restriction benefiting the Public.
Reason(s) for Decision: 1. Under Standing Order 168 (1) (b) the Minister hereby notified the States that he had accepted the recommendation of Jersey Property Holdings to agree to the above land transaction. 2. 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.
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 Jersey 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:		Position: (Assistant Minister)* MD-PH-2009-0088
Date Signed: 9/11/09		Date of Decision (If different from Date Signed):

JEC Substation No 283, Le Mont Rossignol, St Ouen

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

JEC Substation No. 283, Le Mont Rossignol, St Ouen

Background

By a contract dated the 13 August 1971 the Public leased to the Jersey Electricity Company Limited a plot of land within a field at Le Mont Rossignol for the construction of a sub-station. The lease was for a period of 21 years commencing from 1 June 1970 and terminating on 1 June 1991.

By a deed dated 10 June 1983 the Public sold the land that it owned at Le Mont Rossignol (including the site of the sub-station) to the Jersey New Waterworks Company Limited. In the deed, the Waterworks Company was charged to suffer the terms of the lease referred to above and a building restriction was also included stating that the company would not erect anything on the land above 6 feet in height. It was made clear that this covenant would not affect the existing lease in favour of the JEC.

Current Situation

The Jersey New Waterworks Company Limited propose to sell the area of land upon which the substation is sited to the Jersey Electricity Company.

In this regard, the Public has been requested to ratify the status quo and to agree that the sub-station would not be considered to be a breach of the height restriction.

Recommendation

It is recommended that the Public ratify that the sub-station may remain as presently constituted with the right for it to be replaced on a similar footprint and at a similar height, the whole subject to a prior written approval from the Public, which may not be unreasonably withheld or delayed.

Written By: Estates & Building Surveyor

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 4 November 2009