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A decision made 8 June 2015:

Decision Reference: MD-PH-2015-0064

Decision Summary Title :

Former Youth Centre (Sounds Workshop), La Motte Street, St Helier – Projet de Loi to Abrogate Restrictive Covenant

Date of Decision Summary:

2 June 2015

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 :

Former Youth Centre (Sounds Workshop), La Motte Street, St Helier – Projet de Loi to Abrogate Restrictive Covenant

Date of Written Report:

2 June 2015

Written Report Author:

Principal Property Manager

Written Report :

Public or Exempt?

Public

SD - Public

Subject: Former Youth Centre (Sounds Workshop), La Motte Street, St Helier – Projet de Loi to Abrogate Restrictive Covenant

(PBA 0138-01-001)

Decision(s):

The Minister decided, as recommended by Jersey Property Holdings, to issue an instruction to the Law Draftsman and the Law Officers’ Department to prepare a Projet de Loi to abrogate the restrictive covenant attached to the Former Youth Centre (Sounds Workshop), La Motte Street, St Helier, with a view to lodging the Projet ‘au Greffe’ for debate by the States.

Reason(s) for Decision:

To prepare a Projet de Loi to abrogate the restrictive covenant attached to the property, with a view to lodging the Projet ‘au Greffe’ for debate by the States.

Resource Implications:

There are no financial implications associated of this decision other than officer time and sundry disbursements.

There are no manpower implications in respect of this decision.

Action required:

Jersey Property Holdings to issue an instruction to the Law Draftsman and the Law Officers’ Department to prepare a Projet de Loi to abrogate the restrictive covenant attached to the Former Youth Centre (Sounds Workshop), La Motte Street, St Helier.

Upon receipt of the Projet, Jersey Property Holdings, to arrange to lodge it ‘au Greffe’ for debate by the States.

Signature:

Position:

Deputy E J Noel *

Assistant Minister for Treasury & Resources

Date Signed:

Date of Decision (If different from Date Signed):

Youth Centre (Sounds Workshop) - former, La Motte Street, St. Helier: Projet de Loi to Abrogate Restrictive Covenant

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Item for Ministerial Decision - Minister for Treasury and Resources

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Former Youth Centre (Sounds Workshop), La Motte Street, St Helier – Projet de Loi to Abrogate Restrictive Covenant

PBA 0138-01-001

Purpose

The purpose of this report is to seek Ministerial approval to authorise a formal instruction to the Law Draftsman and the Law Officers’ Department to prepare a Projet de Loi to abrogate the restrictive covenant attached to the Former Youth Centre (Sounds Workshop), La Motte Street, St Helier.

Background

The Public acquired the subject property from the Parish of St Helier in 1964.

The premises are now substantially vacant following the recent relocation of the youth facility to “St James”, with just a limited area presently being used by the Island Games organisers in connection with this summer’s event. There is also a proposal to lease the same limited office area to ‘Digital Jersey’ for part of 2016 in connection with a “Tech Incubator” initiative.

The historical ownership of the site is particularly complex, but dating back as far as 1840, a use restriction was created for a school for children aged between 18 months and six years. The covenant was confirmed in transactions in 1904 and 1926 and is translated thus:

“That the said house, school, buildings, yard, land and appurtenances, now sold shall in the future be used exclusively as a school or schools for the education of children of the poor and for no other object, and that the premises shall be arranged and administered in such manner as to provide for the care and religious instruction of at least 160 children between the ages of 18 months and six years, and this in addition to such other school as may be run there. The whole in perpetuity.”

Whilst Jersey Property Holdings (JPH) does not hold detailed information on file regarding all uses of the property by the Public following its acquisition in 1964, there is doubt as to whether the above-mentioned covenant has been effected at any stage since that date.

A separate supporting document (SD) accompanies this report, which sets-out the conveyancing history of the property.

Current Situation

There is no identified use of the property by any States’ Department in connection with services provided to the Public, and JPH is therefore further investigating the options of disposal on the open market, or redevelopment as offices to extend Philip le Feuvre House as part of the States’ Office Modernisation Programme.

Notwithstanding the above, the restrictive covenant attached to the site is no longer relevant and should be abrogated to ‘tidy-up’ the title of the property.

It is therefore recommended that an instruction be issued to the Law Draftsman and the Law Officers’ Department to prepare a Projet de Loi to abrogate the restrictive covenant attached to the property, with a view to lodging it ‘au Greffe’ for debate by the States.

Recommendation

It is recommended that the Minister authorises Jersey Property Holdings to issue an instruction to the Law Draftsman and the Law Officers’ Department to prepare a Projet de Loi to abrogate the restrictive covenant attached to the Former Youth Centre (Sounds Workshop), La Motte Street, St Helier, with a view to lodging the Projet ‘au Greffe’ for debate by the States.

Written By: Principal Property Manager

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 2 June 2015

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