Sale of land and acquisition of Le Braye Sand Dunes.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (04/10/2006) regarding The sale of Field 246, Le Port, St. Peter, and a strip of land to the north of Le Mont a La Brune, St. Brelade, and the acquisition of Le Braye Sand Dunes, St. Brelade, and St. Peter.

Subject:	The sale of Field 246, Le Port, St Peter and a strip of land to the north of Le Mont a La Brune, St Brelade and the acquisition of Le Braye Sand Dunes, St Brelade and St Peter.
Decision Reference:	MD-PH-2006-0076	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:		12/2007/1 & 2048/1
Written Report – Title	The sale of Field 246, Le Port, St Peter and a strip of land to the north of Le Mont a La Brune, St Brelade and the acquisition of Le Braye Sand Dunes, St Brelade and St Peter.	Written report - author		P Griffin
Decision(s): As recommended by Property Holdings: The Minister for Treasury and Resources gives approval for the passing of the necessary contract before the Royal Court between the Public and Mr Jason King Simon in relation to:  The sale of Field 246 St Peter, measuring approximately 10 vergées.  The sale of a strip of land to the north of Le Mont a La Brune adjacent to the sand extraction quarry, measuring approximately 2.5 vergees.  The acquisition of Le Braye Sand Dunes, St Brelade and St Peter, measuring approximately 27.5 vergées.  A payment to Mr Jason King Simon of £5,000 and a contribution to his legal fees of £750. Under Standing Order 168 (1) (a) 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-mentioned land transaction. Under Standing Order 168 (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.
Reason(s) for decision: 1. The sale and acquisition of these areas of land will consolidate both parties land holding in the area bringing improved management. 2. The operational requirements of both Jersey Airport and the Environment Division are either maintained or improved. 3. Under Standing Order 168 (1) (a) 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, 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-2006-0076

Sale of land and acquisition of Le Braye Sand Dunes.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

The sale of Field 246, Le Port, St Peter and a strip of land to the north of Le Mont a La Brune, St Brelade and the acquisition of Le Braye Sand Dunes, St Brelade and St Peter.

PG 2007/1 & 2048/1

Purpose

To seek the Minister for Treasury and Resources’ approval for a land transaction in relation to Field 246, St Peter, a strip of land to the north of Le Mont a La Brune, St Brelade and Le Braye Sand Dunes, St Brelade and St Peter as described in more detail hereinafter.

Background

The Public of the Island has had an informal agreement for a footpath and Public access with the owners of the land referred to as the Le Braye Sand Dunes, Area 1, being that area of land, (measuring approximately 27.5 vergées) to the east of the sea wall at St Ouens Bay and west of La Grande Route Des Mielles and running north from Le Braye Café (already in the ownership of the Public) and the property to the north known as El Tico.

During negotiations to formalise this agreement it was highlighted that a land exchange could take place, with both parties consolidating their land ownership in the area, which would also secure permanent access to the dunes.

The Public owns two areas of land to the east of La Grande Route des Mielles, which are adjacent to land owned by Mr J K Simon. Area 2 is an area of land to the north of Le Mont a La Brune and south of Mr J K Simon’s land (measuring approximately 2.5 vergees) and area 3 is an area of land known as Field 246, situated to the north of land owned by Mr J K Simon.

Area 3 contains the non directional beacon and associated facilities belonging to Jersey Airport. In consultation with the Chief Electronic Engineer, it has been agreed that the land will be sold with the beacon and associated facilities remaining in place and that the Public (Jersey Airport or successors in title) will be allowed to undertake all and any agreed works needed to keep the beacon and associated facilities operational. The Public would also retain access and egress rights to the beacon and associated facilities along with a right to keep repair and maintain the access route, the beacon and associated facilities, having regard to any environmental guidance notes that may be issued from time to time in relation to the land in question, but on the basis that it does not directly affect the operational requirements of the beacon and associated facilities.

It is also agreed that when the use of the beacon and associated facilities ceases, the site will be cleared to allow the land to revert back to open space in the ownership of Mr J K Simon.

It is also agreed that no construction/development other than enclosures is to be allowed on any of the land in question, other than any existing structures and alterations and amendments thereto. For the avoidance of doubt consent may be sought to undertake construction/development, however this will be at the landowners’ absolute discretion, the Public will however be permitted if ever needed in the future to lay services or create a Public footpath.

It is also agreed that the Public will prepare the necessary contracts and that the Public will contribute up to £750.00 towards Mr J K Simon’s legal fees

The Public will acquire approximately 27.5 vergess of land and sell approximately 12.5 vergées of land with the Public paying to Mr Jason King Simon the sum of £5,000 for the conclusion of the agreement.

Conclusion

The terms stated above are recommended by Property Holdings and have been undertaken in association and with the support of the Countryside Manager of the Planning and Environment Department and the Chief Electronic Engineer of Jersey Airport.

Recommendation

It is recommended that the Minister for Treasury and Resources gives approval for the passing of the necessary contract before the Royal Court between the Public and Mr Jason King Simon in relation to Field 246, St Peter, a strip of land to the north of Le Mont a La Brune, St Brelade and Le Braye Sand Dunes, St Brelade and St Peter.

Written By: Paul Griffin

Senior Valuer/Estates Surveyor

Signature …………………………

Authorised By: Eric le Ruez

Director of Property Holdings

Signature ………………………… 26 September 2006