Field 533, former les Creux Farm and other associated land, St. Brelade

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A decision made (12/08/08) regarding: Field 533, former les Creux Farm and other associated land, St. Brelade - Drainage Rights.

Decision Reference: MD-PH-2008-0065
Decision Summary Title :	Field 533 former Les Creux Farm and other associated land St Brelade, – Drainage rights		Date of Decision Summary:	05/08/08
Decision Summary Author:	Paul Griffin		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Field 533 former Les Creux Farm and other associated land St Brelade, – Drainage rights		Date of Written Report:	05/08/08
Written Report Author:	Paul Griffin		Written Report : Public or Exempt?	Public
Subject: 66 /5-6 Field 533 former Les Creux Farm and other associated land St Brelade, – Drainage rights
Decision(s): 1. The Minister approved, as recommended by Property Holdings, for the Public to sell, cede and transfer perpetual drainage rights to Schrecq Developments Limited. In consideration of the rights sold, ceded and transferred, the Owner shall pay to the Public i) the sum of £46,000.00 and ii) the administrative costs incurred by the Law Officers’ Department and iii) the surveyor’s fees of £750.00 incurred in dealing with the matter; and iv) the cost of the external valuation of £2,000.00 together with any Goods and Services Tax which might be due thereon. For the avoidance of doubt, the fee sought in connection with the granting of rights is commensurate to the benefit of that right to the grantee in any given circumstance.
Reason(s) for Decision: 1. Under Standing Order 168 (1) (b) and 168 (3) the Minister hereby notified the States that he had accepted the recommendation of 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: Other than those detailed in the report there are no further financial or manpower Implications.
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 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: Deputy J A N Le Fondré Assistant Minister*
Date Signed:		Date of Decision: 12/08/08 MD-PH-2008-0065

Field 533, former les Creux Farm and other associated land, St. Brelade - Drainage Rights.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Field 533 - former Les Creux Farm and other associated land St Brelade, – Drainage rights

PG 66 / 5-6

Terms and conditions have been agreed between the Public and Schrecq Developments Limited to sell, cede and transfer perpetual drainage rights, subject to the following:

Parties To The Agreement - The Public of the Island as owner of Field 533, former Les Creux Farm and associated land St Brelade and Schrecq Developments Limited (the Owner) of the property known as “Hotel Les Creux” - formerly Les Creux House St Brelade (the Property).

Permitted Installation - The Public shall sell, cede and transfer to the Owner, the right to install a drainage pipe (the Installation) within land owned by the Public to connect the property to the mains installation within La Rue des Camps. The right for the installation relate only to the two residential units being constructed on the property under permit P/2006/0580.

- Any alterations or additions to the Installation shall require the written approval of the Public, such consent to be provided at its absolute discretion.

Consideration - In consideration of the rights sold, ceded and transferred, the Owner shall pay to the Public i) the sum of £46,000.00 and ii) the administrative costs incurred by the Law Officers’ Department and iii) the surveyor’s fees of £750.00 incurred in dealing with the matter; and iv) the cost of the external valuation of £2,000.00 together with any Goods and Services Tax which might be due thereon.

Maintenance and Repair - The Owner (and his successors in title) as owners of the Installation will be responsible for its future maintenance and repair. In addition the Owner undertakes to make good at his own cost any part of the Public’s land disturbed by the installation works, to the satisfaction of the Public.

- The Owner agrees to indemnify the Public against all costs in relation to the future environmental management of Japanese Knotweed “Fallopia Japonica”, or any other invasive species and for the any future problems in the management of the 2 chestnut trees which occur as a result of any works herein above mentioned.

Insurance/Indemnity - The Owner shall indemnify the Public against any claims, injuries, costs, or actions arising from the Installation or any damages arising directly from the Installation works, including any future repair and maintenance and will obtain Public Liability Insurance for a sum of not less than £3,000,000 in respect of any one occurrence or such other sum as the Public may require from time to time. The Owner will provide the Public with copies of the relevant policies upon request.

Access Rights - The Owner shall have right of access over the necessary land belonging to the Public in order to place, repair, maintain and replace the Installation upon agreed terms and conditions after having provided 48 hours written notice (save in the case of emergency), causing the least possible disruption and re-instating all effected areas to the satisfaction of the Public. An agreed specification of works and a detailed method statement will be agreed with the Environment Department or its successor in title prior to any work commencing on site

Permissions - The Owner shall obtain all necessary consents and permissions in connection with the Installation.

Retained Rights - In the event it is necessary for the Public to utilise, in any way, the land upon which the Installation is located the Owner, at no cost to the Public and upon the provision of at least 3 months’ written notice, shall relocate the Installation to an alternative route over Public land which shall be approved by the Public. In such circumstances no additional fee shall be charged by the Public.

Recommendation

It is recommended that the Public agree to sell, cede and transfer perpetual drainage rights to Schrecq Developments Limited across land in public ownership.

Written By: Paul Griffin

Signature …………………………

Authorised By: David Flowers

Signature ………………………… 5 August 2008