Bellozanne Sewerage Treatment Site, Bellozanne Valley, St. Helier: Proposed Acquisition of an area of adjoining Field No.H1209, West Hill: For ground-slope stabilisation: Access rights to West hill

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A decision made on 9 November 2020

Decision Reference: MD-PH-2020-0037
Decision Summary Title :	Bellozanne Sewerage Treatment Site, Bellozanne Valley, St Helier – Proposed Acquisition of an Area of Adjoining Field N° H1209, West Hill, for Ground-slope Stabilisation – Access Rights to West Hill		Date of Decision Summary:	05 November 2020
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 :	Bellozanne Sewerage Treatment Site, Bellozanne Valley, St Helier – Proposed Acquisition of an Area of Adjoining Field N° H1209, West Hill, for Ground-slope Stabilisation – Access Rights to West Hill		Date of Written Report:	05 November 2020
Written Report Author:	Principal Property Manager		Written Report: Public or Exempt?	Exempt: QE Article 33(b) and QE Article 34(b)
Subject: Bellozanne Sewerage Treatment Site, Bellozanne Valley, St Helier – Proposed Acquisition of an Area of Adjoining Field N° H1209, West Hill, for Ground-slope Stabilisation – Access Rights to West Hill PBA 0331-01-001
Decision(s): In accordance with Standing Order 168 (1) (c), the Minister decided, as recommended by Jersey Property Holdings, for the Public to be party to a contract between the owner of Field N° H1209, West Hill and the owners of Halcyon Cottage, West Hill, in order to confirm the Public’s access rights to the reach West Hill from part of Field N° H1209.
Reason(s) for Decision: Under decision MD-PH-2020-0024 the Minister approved the acquisition of part of Field N° H1209. The Public’s access rights from that part of the field to reach West Hill require ratifying, and it is therefore proposed that the Public will be party to a contract between the owner of Field N° H1209 and the owners of Halcyon Cottage.
Resource Implications: The financial implications of this decision are detailed in the accompanying report. There are no manpower implications in respect of this decision.
Action required: 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.
Signature:		Position: Deputy K Lewis Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Bellozanne Sewerage Treatment Site, Bellozanne Valley, St. Helier: Proposed Acquisition of an area of adjoining Field No.H1209, West Hill: For ground-slope stabilisation: Access rights to West hill

DEPARTMENT FOR INFRASTRUCTURE

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Infrastructure

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Exempt

QE Article 33(b) and QE Article 34(b)

Subject

Bellozanne Sewerage Treatment Site, Bellozanne Valley, St Helier – Proposed Acquisition of an Area of Adjoining Field N° H1209, West Hill, for Ground-slope Stabilisation – Access Rights to West Hill. PBA 0331-01-001

Purpose

The purpose of this report is to recommend to the Minister that the Public by party to the proposed contract of sale of part of Field N° H1209, West Hill from Mr David Joseph Harris to Mr Andrew Lucas Mallet & Mrs Marilyn Jean Mallet, née Mayne – owners of Halcyon Cottage, West Hill.

Background

This report is supplementary to MD-PH-2020-0024 and the accompanying report dated 02 September 2020. The Minister will recall that it was recommended that the Public acquire from David Joseph Harris a parcel of land measuring 1,181 sq m from Field N° H1209, West Hill adjoining the Bellozanne Sewerage Treatment Site, for £17,000 plus reasonable costs, to include a contractual right of way for essential maintenance over the adjoining part of Field N° H1209. The access from Field N° H1209 onto West Hill is via a long-established gateway which opens onto a strip of land forming part of a residential property known as Halcyon Cottage belonging to Mr Andrew Lucas Mallet & Mrs Marilyn Jean Mallet, née Mayne. Two photographs of this entrance are attached to this report. Mr Harris is selling the remainder of Field N° H1209 to Mr and Mrs Mallet, and it is intended that both sales will complete on the same day (the sale to the Public and the sale to the Mallets).

Current situation

It has been discovered by the Law Officers’ Department that despite the gateway into Field N° H1209 being long-established, there is no recorded agreement for the access in the title contracts of Halcyon Cottage. As such, the Mallets could simply close off the gateway if they so wished. The Mallets have been approached about this matter by Mr Harris and author of this report, and they are content to ratify the necessary access rights to the Public across the part of the field which they are buying from Mr Harris, and through the existing gateway to reach West Hill. This is on the terms of nil consideration, and the Public meeting its own costs in being party to the contract of sale between Mr Harris and the Mallets.

Recommendation

It is recommended that the Minister agrees for the Public to be party to the contract of sale of part of Field N° H1209, West Hill from Mr David Joseph Harris to Mr Andrew Lucas Mallet & Mrs Marilyn Jean Mallet, née Mayne – owners of Halcyon Cottage, West Hill. The purpose of the Public’s participation is to confirm access rights to the Public across that part of the field which Mr Harris is selling to Mr and Mrs Mallet, to include access through an existing gate and over a strip of land forming part of Halcyon Cottage in order to reach West Hill. This arrangement being at nil consideration, but with the Public meeting its own costs in being party to the contract.

Written By: Principal Property Manager
Signature	05 November 2020
Authorised By: (Director/Assistant Director JPH)
Signature …………………………

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