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A decision made 9 March 2010 regarding: Le Squez Estate, St. Clement - exchange and counter exchange of land - amendment/rescindment of previous decision MD-PH-2010-0008.

Decision Reference: MD-PH-2010-0021
Decision Summary Title :	DS – Exchange and counter exchange of land at Le Squez Estate, St Clement		Date of Decision Summary:	08/03/10
Decision Summary Author:	Asset Manager		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	WR - Exchange and counter exchange of land at Le Squez Estate, St Clement		Date of Written Report:	08/03/10
Written Report Author:	Asset Manager		Written Report : Public or Exempt?	Public
Subject: 1224 – Rescindment of Ministerial Decision MD-PH-2010-0008 and revised terms for the exchange and counter exchange of land at Le Squez Estate, St Clement
Decision(s): 1. The Minister rescinded his previous decision (MD-PH-2010-0008) to allow for the correction in respect of the payment of the other party’s legal fees and has accepted the recommendation of the Minister for Housing (MD-H-2010-0003), in relation to the exchange and counter exchange of various parcels of land around the eastern boundary of Le Squez Estate with the Samares Nurseries site.
Reason(s) for Decision: 1. Under Standing Order 168 (1) (a) and 168 (2) (a) and (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: The Housing Department have agreed to pay a consideration of £10.00 plus the other party’s legal fees of £2,317.50 including GST. There will be no payment received from the other party.
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 Policy and Development (Housing) is to instruct the Attorney General and the Greffier to pass the necessary contract and the Director of Jersey Property Holdings is to copy this decision to the Minister, Treasurer, Deputy Treasurer and Director of Policy and Development (Housing).
Signature:		Position: (Assistant Minister)* MD-PH-2010-0021
Date Signed: 9/3/10		Date of Decision (If different from Date Signed):

Le Squez Estate, St. Clement - exchange and counter exchange of land - amendment/rescindment of previous decision MD-PH-2010-0008

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Exchange and counter exchange of land at Le Squez Estate, St Clement

Purpose

To rescind the Ministerial Decision signed by the Assistant Minister on 4 February (MD-PH-2010-0008 refers) and to seek the Minister’s approval to allow the Public to exchange and counter exchange various parcels of land on the eastern boundary of Le Squez Estate, St Clement. This will require the creation of a newly defined boundary between the Public’s land at Le Squez Estate and the Samares Nurseries site to the east.

Background

On 13 December 1963 the Public acquired a field known as “Le Clos de la Blanche Pierre” from a Mrs EM Gilbert for the purposes of constructing social housing. This was later developed as part of Le Squez Estate and was known as La Blanche Pierre Close.

In 2004 the States approved P19/2004 which proposed that the Housing Committee be allowed to use the proceeds of the sale of various properties within Le Squez and Le Marais estates to fund the redevelopment of the two estates. In respect of Le Squez, two phases of this redevelopment (phases 1a and 1b) have already been undertaken. It is now proposed that work commence on the third phase (2a).

Current Situation

The area of land in question is bounded to the east by a property known as Samares Nurseries. Prior to progressing this phase of development further, it is necessary to define the boundary between the Public’s land and Samares Nurseries so as to create a boundary line which will aid the redevelopment of the Public’s land. This will require that an exchange and counter exchange of parcels of land with the owners of Samares Nurseries, Samares Nurseries Properties Limited.

Terms and conditions had originally been agreed between the Housing Department, on behalf of the Public, and Samares Nurseries Properties Limited for the exchange and counter exchange as follows.

· The Public will pay a £10 consideration (with no consideration due from Samares Nurseries Properties Limited) and pay all reasonable legal costs, up to a maximum of £1,500.

· The position of new boundary stones and points will be as identified on the attached Transport and Technical Services drawing, numbered M843/01 and associated schedule of GPS co-ordinates.

Having been advised by the Housing Department that the cost of the other party’s legal fees to be borne by the Public would not exceed £1,500, it now transpires that this was not the case. There was no agreed cap of £1,500 and the cost of the fees has now risen to £2,317.50. The revised terms are now as follows.

· The Public will pay a £10 consideration (with no consideration due from Samares Nurseries Properties Limited) and pay all reasonable legal costs of £2,317.50.

· The position of new boundary stones and points will be as identified on the attached Transport and Technical Services drawing, numbered M843/01 and associated schedule of GPS co-ordinates.

Recommendation

It is recommended that the Assistant Minister for Treasury and Resources agrees to rescind his previous decision MD-PH-2010-0008 and accept the revised recommendation of the Housing Minister for the exchange and counter exchange of parcels of land between the Samares Nurseries Properties Limited and the Public.

Written By: Asset Manager

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 8 March 2010