Promenade and footpath west of the Watersplash, La Grande Route des Mielles, St Peter

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A decision made (17/12/2007) regarding: Promenade and footpath west of the Watersplash, La Grande Route des Mielles, St Peter – Purchase of land from Five Mile Limited.

Decision Reference: MD-PH-2007-0101
Decision Summary Title :	DS - Watersplash, La Grande Route des Mielles, St Peter – Purchase of land from Five Mile Limited		Date of Decision Summary:	22 November 2007
Decision Summary Author:	Paul Tucker – Assistant Director		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Promenade adjacent to the Watersplash, St Peter – Purchase of land		Date of Written Report:	22 November 2007
Written Report Author:	Paul Tucker – Assistant Director		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Promenade and footpath west of the Watersplash, La Grande Route des Mielles, St Peter – Purchase of land from Five Mile Limited
Decision(s): 1. The Minister approved, as recommended by Property Holdings, the purchase of the area of land which forms the promenade and footpath to the west of the Watersplash from Five Mile Limited 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. Under Standing Order 168 (5) the Minister hereby authorised HM Attorney General and the Greffier of the States to pass any contract which is required to be passed on behalf of the Public. 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.
Resource Implications: There are no additional financial or manpower implications in respect of this decision.
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 HM Attorney General and the Greffier of the States to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Deputy Treasurer.
Signature: Deputy J A N Le Fondré		Position: (Assistant Minister)1 MD-PH-2007-0101
Date Signed:		Date of Decision (If different from Date Signed):

Promenade and footpath west of the Watersplash, La Grande Route des Mielles, St Peter – Purchase of land from Five Mile Limited.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Promenade adjacent to the Watersplash, St Peter – Purchase of land

2038/PT

Purpose

The Minister is asked to approve the purchase of the promenade walkway to the west of the Watersplash property, La Grand Route des Mielles, St. Peter, for the purpose of bringing it into the public ownership in common with other parts of the promenade which border St Ouen’s Bay

Background

The concrete promenade and footpath which borders St Ouen’s Bay to the west of the Watersplash site at St Peter is owned by Five Mile Limited, unlike the remainder of the promenade in that area of the Bay which is in the public ownership.

Although not in public ownership, the length of promenade referred to has always been maintained by the Transport and Technical Services Department and the former Public Works and Public Services Departments. In addition the general public has used this part of the promenade and footpath as if it was in public ownership, but although access rights do exist for maintenance purposes this has been without the full perpetual rights being granted formally.

Current Situation

It was originally intended to enter into an agreement with Five Mile Limited for the granting of perpetual rights of way over that part of the promenade and indemnify the company in respect of any injury sustained thereon, but agreement has now been reached for the Public to purchase the area of land between the sea wall and the dwarf wall, fronting what would become the new western boundary of the Watersplash site as shown on drawing no. 2038/SW1

This is conditional on the Public being responsible for the maintenance of the dwarf protection wall which will remain in the ownership of Five Mile Limited and, rights of way being given to the company to allow access to their site over the promenade and footpath. This will include an agreement not to build any building on the promenade to the west of the Watersplash and adjacent land retained in the ownership of the company.

It has been agreed between Property Holdings and Five Mile Limited that the area of land forming the promenade and the footpath will be purchased for £10, with Five Mile Limited being responsible for all legal costs associated with the transaction.

Conclusion

This is a logical acquisition of land to protect the public right of way over the promenade in this particular part of St Ouen’s Bay. It also regularises an unsatisfactory situation which does not currently properly indemnify the company that owns the promenade against any claim should a member of the public injure themselves whilst traversing that area. In addition, it allows the Public to maintain a promenade which will be in the public ownership rather than providing the benefit of a service of maintenance to the company which owns the property.

Recommendation

It is recommended that the Minister accepts the recommendation of Property Holdings to purchase the promenade and walkway as indicated to the west of the Watersplash from Five Mile Limited for £10, with the company being responsible for all legal fees associated with the transaction.

Written By: Paul Tucker

Signature ………………………… 22 November 2007