Ann Place, St. Helier: Transfer of Ownership of Road to Parish of St. Helier

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A decision made 11 July 2016:

Decision Reference: MD-PH-2016-0046
Decision Summary Title :	Ann Place, St Helier – Proposed Transfer of Ownership of Road to the Parish of St Helier		Date of Decision Summary:	08 July 2016
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 :	Ann Place, St Helier – Proposed Transfer of Ownership of Road to the Parish of St Helier		Date of Written Report:	08 July 2016
Written Report Author:	Principal Property Manager		Written Report : Public or Exempt?	Public
Subject: Ann Place, St Helier – Proposed Transfer of Ownership of Road to the Parish of St Helier PBA 0877-01-001
Decision(s): In accordance with Standing Order 168 (1) (a) the Minister agreed, as recommended by Jersey Property Holdings, to transfer the ownership of Ann Place, St Helier to the Parochial Authority, subject to the terms set-out in the accompanying report.
Reason(s) for Decision: The transfer of the road to the Parish will cause it to become a designated Bye-Road and thus a “Public Road”, to which the full provisions of the Road Traffic (Jersey) Law 1956 will apply.
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 transaction is concluded the fixed asset register and States balance sheet will be amended to account for the transaction.
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 before Court or concluded. After the expiry of 15 working days following presentation to the States the transaction may be concluded. 2. The Minister hereby authorised, as applicable: a. under Standing Order 168 (5) the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public b. the Director of Jersey Property Holdings to conclude any contract which is required to be concluded on behalf of the Public.
Signature:		Position: Deputy E J Noel Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Ann Place, St. Helier: Transfer of Ownership of Road to Parish of St. Helier

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Click F11 to move to each field (This Text is hidden)Public

NOT EXEMPT FROM PUBLIC DISCLOSURE

Ann Place, St Helier – Proposed Transfer of Ownership of Road to the Parish of St Helier

PBA 0877-01-001

Purpose

The purpose of this report is to recommend to the Minister, and to seek his approval to transfer Ann Place to the Parish of St Helier [PoSH].

Background

The Public acquired extensive areas of land in the 1960s in the Ann Street/Charles Street/Providence Street area to develop “Ann Court” as a new social housing site.

It is understood that as part of that development, the road Ann Place (on the northern side) was rebuilt on a different line and to increased dimensions to establish a throughway between Providence Street and Ann Street. The subject road is shown upon attached plan.

It is also understood that following the completion of Ann Court, it had been intended to transfer the new road Ann Place to the Parish, but for reasons still unclear, that transfer was never completed.

As such, the road is not a “Public Road” within the definition of the 1914 Loi sue la Voirie, and therefore certain provisions of the Road Traffic (Jersey) Law 1956 [RTL] cannot be applied to same.

The site of the former Ann Court units has since been transferred to Andium Homes Ltd [AHL], but not including Ann Place. Ann Place therefore remains in Public ownership, administered by the Department for Infrastructure, Jersey Property Holdings division [JPH].

Current Situation

Following the discovery that Ann Place is not a Parish Bye-Road, JPH opened discussions with PoSH regarding the transfer of ownership of same.

The Parish has indicated that is it willing take ownership of the road, subject to the following:

The area of land to be transferred being as shown upon the attached plan, with the final boundary lines being as agreed in the contract of conveyance.
Approval at a Parish Assembly.
The Parish’s reasonable legal costs in connection with passing contract before Royal Court being met by the Public.
The transfer being at nil consideration.
Any foul water and/or surface water Public sewers located under the road remaining in the ownership of the Public, save as to any surface water gullies, which will be deemed to be part of the road, including the gully pots.
Any private branch connections to Public sewers or other private drains will remain in their present ownership.
Should AHL or another neighbouring private owner be found to be needed to be party to the contract to ratify a section of boundary, any associated costs will not be borne by PoSH.

Conclusion

The Public finds itself in the unsatisfactory position of owning a small road in St Helier which is not classified as a “Public Road”.

The road is therefore deficient in respect of certain provisions of the RTL.

The Parish has indicated that it is willing to take ownership of the road, whereupon it will become a Bye-Road and thus a “Public Road”.

Recommendation

JPH recommends to the Minister that Ann Place be transferred to the Parish of St Helier, subject to the terms set-out above.

Written By: Principal Property Manager

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 08 July 2015

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