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A decision made (12/08/2008) regarding: Francis Street - Proposed Acquisition of land for Pavement Improvement.

Decision Reference: MD-PH-2008-0066
Decision Summary Title :	Francis Street – Proposed Acquisition of Land for Pavement Improvement		Date of Decision Summary:
Decision Summary Author:	Philip Ahier		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Francis Street – Proposed Acquisition of Land for Pavement Improvement -PBA/704		Date of Written Report:	04 August 2008
Written Report Author:	Philip Ahier		Written Report : Public or Exempt?	Public
Subject: PBA 704 - Francis Street – Proposed Acquisition of Land for Pavement Improvement
Decision(s): 1. The Minister approved, as recommended by Property Holdings: That the public acquires from Pyramid Property Co Ltd a piece of land measuring approximately 50 sq ft for pavement improvement on Francis Street, for a consideration of £10. That the public grants Pyramid Property Co Ltd a permanent visibility sight-line across its land adjoining 7 Francis Street to facilitate a new vehicular access from 47 La Colomberie onto Francis Street. That the public gives consent to Pyramid Property Co Ltd to modify part of the roadside wall and railings on its land adjoining 7 Francis Street to facilitate a new vehicular access from 47 La Colomberie onto Francis Street. That the public and Pyramid Property Co Ltd share equally the cost of the builder’s work associated with the above-mentioned items. That the public and Pyramid Property Holdings Ltd meet their own fees in connection with passing a contract before Royal Court to record this transaction.
Reason(s) for Decision: 1. 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. 2. 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.
Resource Implications: Other than those detailed in the report there are no further financial Implications. There are no manpower implications.
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 Deputy Treasurer.
Signature:		Position: Deputy J A N Le Fondré Assistant Minister*
Date Signed:		Date of Decision: 12/08/08 MD-PH-2008-0064

Francis Street - Proposed Acquisition of land for Pavement Improvement.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Francis Street – Proposed Acquisition of Land for Pavement Improvement

PBA/704

Background

Negotiations have taken place between Property Holdings and Pyramid Property Co Ltd, owner of N° 47 La Colomberie, to acquire a small piece of land for pavement improvement on Francis Street (see item 1 on attached plan). This piece of land measures approximately 50 sq ft and presently forms part of an access-way as described under paragraph (4) below.

In exchange for the above-mentioned piece of land (1), it is proposed that the public will grant Pyramid Property Co Ltd a visibility right (a sight-line) over a strip of public land on Francis Street (see item 2 on attached plan) to facilitate a new vehicular access from N° 47 La Colomberie onto the public road. In addition, the public will allow Pyramid to modify an existing wall on its land, also to facilitate the new vehicular access.

The above-mentioned strip of land (2) was acquired by the public in 1996 from N° 7 Francis Street for the purpose of widening the road. The strip of land measures approximately 200 sq ft and includes the roadside wall and railings. The acquisition was at nil cost. The road widening scheme was not pursued for a number of reasons, but contributory factors were (a) the position of the Town Pump and an inability to relocate it, (b) an inability to take down the roadside wall and railings in front of N° 7 Francis Street due to planning issues.

N° 47 La Colomberie (Pyramid Property Co Ltd) has an access-way which adjoins the north-east gable of N° 7 Francis Street (see item 4 on attached plan). This access-way extends into the pavement on the east/south-east side of Francis Street. The pavement would be improved through the acquisition of the end piece of the private access-way, which Pyramid Property Co Ltd is willing to do for a nominal consideration of £10. The boundary of the piece of land with that retained by the vendor will be a straight line from the respective corners of Bourne House and N° 7 Francis Street.

In connection with the above-mentioned private access-way (4), Pyramid Property Co Ltd has obtained planning consent for vehicular access over it, from N° 47 La Colomberie onto Francis Street. However, conditions of the planning consent are that a permanent visibility sight-line (see item 5 on attached plan) be established towards the flow of traffic on Francis Street, this sight-line being over the public’s strip of land, and the modification of the northern end of the existing roadside wall on the public’s strip of land so as to improve vehicular access (see item 6 on attached plan). The department is minded to recommend that the public agrees to grant a sight-line, and for its wall to be modified, in exchange for acquiring the piece of land mentioned under (1) and (4) above.

The incorporation of the end piece of Pyramid Property Co Ltd’s access-way into the public pavement will require builder’s work to remove an existing doorway, reduce levels, and resurface to pavement standard.

The reconstruction of the northern end of the public’s wall to allow improved vehicular access will also remove an unsightly masonry nib and will improve the streetscape in that area.

As such, it is recommended that the cost of all builder’s work associated with this project be split equally between Pyramid Property Co Ltd and the public. Pyramid Property Holdings has obtained the following quotations (exclusive of GST):

Ronez Ltd –

works to pavement - £1,525.04

Ritchie & Shakeshaft General Builders –

rebuild section of wall to radius - £1,890.00

Five Oaks Ironworks Jersey Ltd –

alterations to railings to suit wall - £ 426.00

£3,841.04

Proposed heads of terms

The proposed heads of terms for the transaction are as follows:

Land at western end of access way:	Pyramid Property Co Ltd will cede to the public a piece of land measuring approximately 50 sq ft for pavement improvement on Francis Street.
Consideration:	The public will pay to Pyramid Property Co Ltd a consideration of £10 for the above-mentioned land.
Visibility sight-line:	The public will enter into a Deed of Arrangement with Pyramid Property Co Ltd to grant it a permanent visibility sight-line across its land to facilitate a new vehicular access from 47 La Colomberie onto Francis Street.
Builder’s work:	The public will grant consent to Pyramid Property Co Ltd to modify part of the roadside wall and railings on its land adjoining 7 Francis Street to facilitate a new vehicular access from 47 La Colomberie onto Francis Street. The builder’s work associated with the pavement works and modifying the wall/railings will be paid for on a 50%-50% basis by Pyramid Property Co Ltd and the public. Pyramid Property Co Ltd will pay its 50% share of the cost to the public upon passing contract before Royal Court.
Fees:	Each party to meet their own fees in connection with above-mentioned land transactions.

Recommendations

It is recommended:

That the public acquires from Pyramid Property Co Ltd a piece of land measuring approximately 50 sq ft for pavement improvement on Francis Street, for a consideration of £10.

That the public grants Pyramid Property Co Ltd a permanent visibility sight-line across its land adjoining 7 Francis Street to facilitate a new vehicular access from 47 La Colomberie onto Francis Street.

That the public gives consent to Pyramid Property Co Ltd to modify part of the roadside wall and railings on its land adjoining 7 Francis Street to facilitate a new vehicular access from 47 La Colomberie onto Francis Street.

That the public and Pyramid Property Co Ltd share equally the cost of the builder’s work associated with the above-mentioned items.

That the public and Pyramid Property Holdings Ltd meet their own fees in connection with passing a contract before Royal Court to record this transaction.

Written By: Philip Ahier

Signature …………………………

Authorised By: David Flowers, Director of Property Holdings

Signature ………………………… Date 04 August 2008