Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made (04/08/2006) regarding Field 424, Corbiere, St. Brelade. The Sale of a Road, Granting of Service Rights and Exchange and Counter Exchange of Land.

Subject:	Field 424, Corbiere, St Brelade. The Sale of a Road, Granting of Service Rights and Exchange and Counter Exchange of Land
Decision Reference:	MD-PH-2006-0054	Exempt clause(s):	None
Type of Report: (oral or written)	Written	Person Giving Report (if oral):	N/A
Telephone or e-mail Meeting?	N/A	Report File ref:	12/65/1
Written Report – Title	Field 424, Corbiere, St Brelade. The Sale of a Road, Granting of Service Rights and Exchange and Counter Exchange of Land	Written report - author	P Griffin
Decision(s): As recommended by Property Holdings: 1. An in-principle decision for the public to contract with B & V Holdings Limited (BVH) to: · Sell an area of land to BVH (area 1 on accompanying plan) · Grant service rights to BVH over an area of land (area 2 on accompanying plan) · Exchange and counter-exchange areas of land with BVH (areas 5 & 6 and areas 7 & 9 respectively on accompanying plan) · Grant and receive access rights over land to/from BVH (area 2 and area 1 respectively on the accompanying plan) · Remove restrictions against building from areas of land to be developed by BVH and an area of land to be transferred to the public (areas 3 & 7 and area 8 respectively on the accompanying plan) 2. The consideration to be paid to the public by BVH for passing the contract will be £15,000 per dwelling constructed on the site of the former Chalet Hotel, presently estimated to be eight dwellings, amounting to £120,000. In addition, the four land exchanges will be completed at a nominal figure of £10 between the parties for the subject land.
3. This decision is subject to: · BVH obtaining planning permission for its proposed residential development on the site of the former Chalet Hotel · BVH confirming with the neighbouring property owner its claimed existing access rights over the private roadway to the west of the site of the former Chalet Hotel (to be confirmed in writing to the satisfaction of Property Holdings) · BVH agreeing to all environmental conditions on the design and specification of the landscaping of the proposed residential development and the subsequent maintenance of the land as set by the Planning and Environment Department · BVH agreeing with Property Holdings a satisfactory specification for the improvement of an existing public footpath which runs from La Rue du Grouet to the Railway Walk · Final approval of the terms by the Minister/Assistant Minister for Treasury and Resources following the above-mentioned conditions being met and all aspects of the proposed transaction being to the satisfaction of Property Holdings 4. Under Standing Order 168 (1) (a) & (b) and 168 (3) the Minister for Treasury and Resources hereby notifies the States that he has accepted the recommendation of Property Holdings to agree to the above land transaction, subject to the conditions mentioned under item (3) above. 5. The Minister hereby authorises the Attorney General and the Greffier of the States to pass any contracts on behalf of the Public of Jersey that may be necessary, subject to the conditions mentioned under item (3) above. 6. After the expiry of 15 days following presentation to the States the transaction may be concluded, subject to the conditions mentioned under item (3) above. Note: this decision must be read in conjunction with the accompanying report for a more comprehensive description of the land areas referred to above.
Reason(s) for decision: 1. Under Standing Order 168 (1) (a) & (b) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the Public of Jersey.

Action required:

1. The Director of Property Holdings to request the Greffier of the States to notify the States of the above decision.

2. The Greffier of the States to notify Property Holdings and Law Officers’ Department of the date when the States has been notified.

3. After the expiry of 15 days following presentation to the States, and after all aspects of the proposed transaction are to the satisfaction of Property Holdings, request the Attorney General and the Greffier of the States to pass any contracts on behalf of the Public of Jersey that may be necessary.

Signature:

(Assistant Minister)[1]

Deputy J Le Fondré

Date of Decision:

MD-PH-2006-0054

4 August 2006

Sale of Road - Field 424, St. Brelade.

Information about the publication of Ministerial Decisions

A decision made (04/08/2006) regarding Field 424, Corbiere, St. Brelade. The Sale of a Road, Granting of Service Rights and Exchange and Counter Exchange of Land.