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35 Clearview Street - proposed conversion of Long Leaseholds to Flying Freeholds

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

  • 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

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A decision made 11 August 2010 regarding: 35 Clearview Street - proposed conversion of Long Leaseholds to Flying Freeholds.

Decision Reference:  MD-PH-2010-0073

Decision Summary Title :

DS – 35 Clearview Street – Proposed Conversion of Long Leaseholds to Flying Freehold

Date of Decision Summary:

28 July 2010

Decision Summary Author:

Principal Property Manager

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR – 35 Clearview Street – Proposed Conversion of Long Leaseholds to Flying Freehold – PBA 1906

Date of Written Report:

28 July 2010

Written Report Author:

Principal Property Manager

Written Report :

Public or Exempt?

•Exempt 3.2.1 (a) (ix), (x), (xi) and (xii).

•SD 1 – Public.

•SDs 2&3 - Exempt 3.2.1 (a) (ix), (x), (xi) and (xii).

Subject:  35 Clearview Street – Proposed Conversion of Long Leaseholds to Flying Freehold

Decision(s): 

1.     The Minister approved, as recommended by Jersey Property Holdings:

 

a.     The setting-up of a Flying Freehold Association for the property 35 Clearview Street comprising three flats and private gardens.

 

b.     The option for each of the present Leaseholders to convert their leasehold interest in their flat and garden to Flying Freehold ownership for a consideration of £3,808 for flats 1 and 2 respectively, and £4,480 for flat 3, with an option to defer the payment of the consideration by way of a charge registered against the subject flat/garden at an agreed rate as set-out in a deferred payment plan.

 

c.     That the surveyor’s and legal costs associated with setting-up the Flying Freehold Association will be met by the Public, with the Leaseholders to meet their own legal costs in becoming co-owners of the Association.

 

Reason(s) for Decision: 

1. Under Standing Order 168 (1) (a) the Minister hereby notified the States that he had accepted the recommendation of Jersey 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: 

1.     The financial implications in respect of this decision are surveyor’s fees in the order of £900 to prepare site and floor plans to form part of the ‘declaration’. The Law Officers’ Department has indicated that it is willing to prepare the necessary contracts (having done a similar exercise for 187-210 Clos des Sables), and therefore no external legal fees will be incurred.

 

2.      There are no 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 Jersey Property Holdings is to instruct the 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: 

Position:

(Assistant Minister)*

              

MD-PH-2010-0073

Date Signed:

11/8/10

Date of Decision (If different from Date Signed): 

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