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Ann Court Site, St. Helier: Disposal to Andium Homes

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 11 September 2015:

Decision Reference:  MD-PH-2015-0105

Decision Summary Title :

Disposal of the former Ann Court site to Andium Homes

Date of Decision Summary:

9 September 2015

Decision Summary Author:

Director of Estates

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Disposal of the former Ann Court site to Andium Homes - Confirmation

Date of Written Report:

9 September 2015

Written Report Author:

Director of Estates

Written Report :

Public or Exempt?

 

Report Public

SD1 Exempt QE Article 34(b)

SD2/SD3 Public

SD4 Exempt QE Article 34(b)

SD5 Public

Subject: Disposal of the former Ann Court site to Andium Homes

(RFo 0877-01-001) 

Decision(s):

 

  1. With reference to the previous decision MD-PH-2015-0053 plus associated documentation and the expiry of 15 working days’ notice to the States of that decision, the Minister approved, as recommended by Jersey Property Holdings, to dispose of the former Ann Court site to Andium Homes for residential development.

 

  1. The Minister approved the terms of the Preliminary Development Agreement and authorised the Director of Estates to sign the agreement on behalf of the Public.

Reason for Decision:

 

The transaction was notified to the States in a report dated 14 May 2015. During the 15 minimum working day period following the signing of the ‘in principle’ Ministerial Decision (MD-PH-2015-0053) Deputy Le Fondré raised a number of queries regarding the proposal.

It is considered that the Deputy’s concerns have been addressed and that there is no reason to delay progressing the disposal and subsequent development.  The Minister therefore decided to conclude the transaction.

Resource Implications:

 

  1. The financial implications of this decision are detailed in the report accompanying MD-PH-2015-0053.

 

  1. There are no manpower implications in respect of this decision.

 

  1. When the transaction is concluded the fixed asset register and States balance sheet will be amended to account for the transaction.

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 and to copy this decision to the Assistant Minister, Treasurer and Head of Decision Support.

 

The Director of Estates to sign the Preliminary Development Agreement on behalf of the Public.      

Signature:

 

 

 

 

Position: Deputy E J Noel *

Assistant Minister for Treasury & Resources

 

Date Signed:

 

 

Date of Decision:

 

Ann Court Site, St. Helier: Disposal to Andium Homes

TREASURY AND RESOURCES DEPARTMENT

 

JERSEY PROPERTY HOLDINGS

 

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

 

Public (SD1 Exempt QE Article 34(b))

 

Disposal of the former Ann Court site to Andium Homes - Confirmation

RFo 0877-01-001

 

1              Purpose

1.1            This report seeks confirmation of the in principle decision under MD-PH-2015-0053 to transfer the Public’s land holdings on the former Ann Court site to Andium Homes (‘Andium’) to assemble a site for a residential development with public car parking element on the basis of an agreed methodology for determining a valuation of the residual site value and a Development Agreement.

 

2              Background

2.1        The background to the proposal is set out in the report accompanying the in principle decision under MD-PH-2015-0053. The in principle decision was subject to three specific requirements:

  • The production of a Development Agreement;
  • Confirmation by Ministerial Decision of the respective support of the Housing and TTS Minister;
  • Confirmation that funding for the development is accessible to Andium

 

3         Development Agreement

3.1        A Preliminary Development Agreement has been drawn up between the Public and Andium that covers the issues referred to in the ‘in principle’ report and specifically sets out the parties position with regard to:

  • Transfer of Ann Court Site
  • Re-Routing of Town Culvert
  • Drainage Improvement Works
  • Tender Process
  • The Creation of the final Development Agreement
  • Insurance of the Works
  • Back Stop Dates
  • The potential to include Ann Place as a future transfer
  • Residual Value calculation methodology
  • Dispute Resolution

 

3.2        The Preliminary Development Agreement is attached as Supporting Document 1 [SD1]. A Final Development Agreement will be drawn up and agreed by the parties prior to development when the details of the proposed development and its planning and bye-law consents are obtained.

3.3        The Final Development Agreement will provide a more detailed level of information in relation to the approved scheme and will incorporate a financial ‘debt redemption’ model based on a developed estimate of costs and values to indicate the estimated residual land value (if any) to be paid to the Public.

 

4         Housing and TTS Minister Support

4.1            The proposal has the support of the Housing Minister (MD-C-2015-0062 attached as Supporting Document SD2) and the TTS Minister (MD-T-2015-0074 attached as Supporting Document SD3).

 

5         Funding Confirmation

5.1        The Andium Business Plan has been amended to include Ann Court in the next MTFP period and the release of funding from the Bond allocation has been approved by the Treasury Minister (MD-TR-2015-0086 refers). A copy of the Treasurer’s letter to Andium dated 14 July 2015 confirming the funding availability is attached as Supporting Document SD4.

 

6         Standing Order 168 Query

6.1        During the 15 minimum working day period following the signing of the ‘in principle’ Ministerial Decision (MD-PH-2015-0053) Deputy Le Fondré raised a number of queries regarding the proposal.

6.2        In response the Housing Minister and Assistant Treasury Minister, supported by officers, met with the Deputy on 16 June 2015 to discuss his concerns regarding the relative benefits of using the site for social housing as opposed to States offices.

6.3        Following the meeting a comprehensive response was prepared and sent to the Deputy (copy letter attached as Supporting Document SD5).

6.4        It is considered that the letter answers all of the Deputy’s concerns and that there is no reason to delay progressing the disposal and subsequent development.

 

 

7             Recommendation

7.1        That the Minister for Treasury and Resources approves the disposal of the Public landholding on the former Ann Court Site to Andium Homes in accordance with the Preliminary Development Agreement [SD1] for development of social housing and public parking.

 

 

 

Written By:  Director of Estates

 

 

 

Signature …………………………

 

9th September 2015

 

 

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