Acquisition of land from Les Houmets Residential Home

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A decision made (03.05.07) to approve the acquisition of a strip of land from Les Houmets Residential Home, Gorey Village, Grouville.

Subject:	Public Footpath between Gorey Village Main Road and La Rue de la Poterie – Acquisition of land from Les Hoûmets Residential Home, Gorey Village, Grouville.
Decision Reference:	MD-PH-2007-0039	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:		PBA 259
Written Report – Title	Public Footpath between Gorey Village Main Road and La Rue de la Poterie – Acquisition of land from Les Hoûmets Residential Home, Gorey Village, Grouville.	Written report - author		P Ahier
Decision(s): 1. The Minister approved, as recommended by Property Holdings, the acquisition from Mr Philip Frances Amy and Mrs Lucy Elizabeth Anne Amy nee Filipponi of Les Hoûmets Residential Home, at no cost, of a strip of land forming part of the public footpath between Gorey Village Main Road and La Rue de la Poterie, with the public’s legal fees to be met by the vendors, and agreed that: (i) the walls of the residential home facing the public footpath remain as presently established (ii) the openings and windows in the wall and gable end of the residential home towards the footpath remain and (iii) the vendors shall have access rights for maintenance work onto the public footpath subject to the usual terms in respect of notice and making good. 2. Under Standing Order 168 (1) (a) and 168 (3) the Minister hereby notified the States that he had accepted the recommendation of Property Holdings to agree to the above land transaction. 3. The Minister hereby authorised Property Holdings to pass any contract which is required to be passed on behalf of the Public. 4. After the expiry of 15 working days following presentation to the States the transaction may be concluded.
Reason(s) for decision: 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. 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. After the expiry of 15 working days following presentation to the States the transaction may be concluded. 2. The Director of Property Holdings is to instruct the Attorney General and the Greffier to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Assistant Treasurer.
Signature: (Assistant Minister)[1] Deputy J A N Le Fondré			Date of Decision: MD-PH-2007-0039

Acquisition of land from Les Houmets Residential Home

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Public Footpath between Gorey Village Main Road and La Rue de la Poterie – Acquisition of land from Les Ho ûmets Residential Home, Gorey Village, Grouville.

PBA 259

Background

There is a footpath in public ownership which lies between Gorey Village Main Road and La Rue de la Poterie in Gorey Village, Grouville. Adjoining to the north of the path at its eastern end is a private property known as Les Hoûmets Residential Home (formerly known as “Villa Rosa”).

It was discovered in the late 1980s that a small strip of the public footpath is established on land forming part of Les Hoûmets Residential Home, now owned by Mr Philip Frances Amy and Mrs Lucy Elizabeth Anne Amy nee Filipponi. It is assumed that this situation arose following the re-development of the property in 1989/90, leaving a narrow strip of land outside the external face of the new building which was subsequently surfaced with tarmac, thereby giving the appearance that the footpath was wholly in public ownership.

By an act dated 07 September 1989, the then Island Development Committee and thereafter the Finance and Economics Committee agreed to ratify the land ownership and grant various rights by passing a contract through the Royal Court, though the matter never progressed beyond gaining formal committee approvals.

With Les Hoûmets Residential Home having recently been acquired by Mr and Mrs Amy, the matter has been brought to the attention of the Law Officers’ Department and Property Holdings. Having reviewed the matter and the previous committee approvals, both departments are recommending that a contract be passed to ratify the land ownership.

Mr and Mrs Amy have agreed to cede to the public in perpetuity a narrow strip of land on the footpath situated to the south and alongside Les Hoûmets Residential Home. The land will be ceded free of charge by the Amys and they have agreed to meet the public’s legal fees incurred in connection with passing the contract before the Royal Court.

As part of the contract of sale, the public are requested to agree that the walls of Les Hoûmets Residential Home adjoining the public footpath can remain as presently established, with additional access rights to be granted to the Amys to enable maintenance of the buildings and openings on the usual terms as to notice and making good.

The proposed terms of this contract are considered to be fair and of mutual benefit to both parties. It is an unsatisfactory situation for a public footpath to be partly in private ownership, and this offers a no-cost solution to the public to ratify the ownership.

Recommendation

It is recommended that the Minister renews the decision of the former Island Development Committee and Finance and Economics Committee of the late 1980s to acquire from Mr Philip Frances Amy and Mrs Lucy Elizabeth Anne Amy nee Filipponi of Les Hoûmets Residential Home, at no cost, a strip of land forming part of the public footpath between Gorey Village Main Road and La Rue de la Poterie, with the public’s legal fees to be met by the vendors, and to agree that: (i) the walls of the residential home facing the public footpath can remain as presently established (ii) the openings and windows in the wall and gable end of the residential home towards the footpath can remain and (iii) the vendors shall have access rights for maintenance work onto the public footpath subject to the usual terms in respect of notice and making good.

Written By: Philip Ahier

Signature …………………………

Authorised By: (Director/Assistant Director PH)

Signature ………………………… 27 April 2007