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Sale of former Sunshine Hotel and Cottage, St. Helier.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (05/01/2007) regarding the sites of the former Sunshine Hotel and Cottage, St. Helier - Sale.

Subject:

The sites of the former Sunshine Hotel and Cottage, St Helier - Sale

Decision Reference:

MD-PH-2006-0109

Exempt clause(s):

Report

3.2.1 (a) (x) & (xi)

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

Not Applicable

Telephone or

e-mail Meeting?

Not Applicable

Report

File ref:

PBA 1638/1

Written Report –

Title

The sites of the former Sunshine Hotel and Cottage, St Helier - Sale

Written report - author

Philip Ahier

Decision(s):

As recommended by Property Holdings:

To accept the highest tender received for the purchase of the sites, being £2,100,000 from J F Marett & Son Ltd, and to cause the sale of the land, with each party to meet their own costs in passing contract.

To attach to the sale of the sites the following conditions:

  1. The cottage site may be used as a contractor’s working area during the development of the main site, but must be subsequently developed for “First Time Buyer” housing.
  1. Both sites must be developed as residential units – no other use is permitted.
  1. The residential units must be sold to “First Time Buyers”. J F Marett & Son Ltd may allocate the sale of the units to the First Time Buyers.
  1. J F Marett & Son Ltd is free to set the asking price for the residential units. There will be a covenant in the sale of the sites to restrict the onward sale of the units by the initial First Time Buyers to First Time Buyers only.
  1. Should any of the residential units not sell at J F Marett & Son Ltd’s asking price, there will be no relaxation on the part of the Minister for Treasury and Resources regarding the condition to sell to “First Time Buyers”.
  1. J F Marett & Son Ltd must agree with Property Holdings a programme for the development, and may be required to enter into an agreement to require the company to take all reasonable measures to ensure that the development is completed to programme.

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 land transaction

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.

After the expiry of 15 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:

In accordance with Standing Order 168(3) of the Standing Orders of the States of Jersey, this decision must be presented to the States at least 15 working days before the contract is passed before the Royal Court.

The Director of Property Holdings is to instruct the Law Officers’ Department and the States Greffe to pass the necessary contract, and to copy this decision to the Minister.

Signature:

(Assistant Minister)[1]

Deputy J Le Fondré

Date of Decision:

MD-PH-2006-0109

5 January 2007

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