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A decision made (14/09/2006) regarding Communication Services, Field 573A, Le Chemin de L'Eglise, St. Ouen - sale of land - part of.

Subject:	Field 573A Communication Services, Le Chemin de L’Eglise, St Ouen – Sale of Land
Decision Reference:	MD-PH-2006-0080	Exempt clause(s):		None
Type of Report: (oral or written)	N/A	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:		AV 9/555
Written Report – Title	Field 573A Communication Services, Le Chemin de L’Eglise, St Ouen – Sale of Land	Written report - author		A Vibert
Decision(s): As recommended by Property Holdings:- 1. The sale by the Public of a triangle of land to the western extremity of Field 573A to Mr Richard Hedley Le Brocq in exchange for Mr Le Brocq granting access and service rights to the Public in relation to the existing access track to the Communication Services building. 2. Under Standing Order 168 (1) (a) and 168 (3) the Treasury and Resources Minister hereby notifies the States that he has accepted the recommendation of Property Holdings to agree to the above land transaction. 3. Under Standing Order 168 (5) the Minister hereby authorises the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the public. After the expiry of 15 days following the presentation to the States the sale may be concluded.
Reason(s) for decision: Mutually beneficial to both parties.
Action required: Director of Property Holdings to request the Greffier of the States to notify the States of the above decision. Greffier of the States to notify Property Holdings (Eric Le Ruez) and the Law Officers’ Department (Lee Howard) of the date when the States have been notified.
Signature: (Assistant Minister)[1] Deputy J Le Fondré			Date of Decision: MD-PH-2006-0080

Field 573A, St. Ouen - sale of land - part of.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Field 573A Communication Services, Le Chemin de L’Eglise, St Ouen

AV 9/555

Purpose

To request the Minister for Treasury and Resources to approve the sale of a small area of land in Field 573A to Mr Richard Hedley Le Brocq in exchange for Mr Le Brocq granting access and service rights to the Public in relation to the existing access track to the Communication Services building.

Background

Field 573A “Le Clos Pipon” was acquired by the Public from Mr James Mourant Le Brocq on 15 November 1947 and is now the site of the Communication Services building, occupied by the Department of Electronics. The site is currently accessed via a track owned by Mr Richard Hedley Le Brocq, over which the Public has no legal right of way or right of access.

In the Deed of Purchase of “Le Clos Pipon”, it was agreed that the Public would have a right of way and passage of fifteen Imperial feet in width at all times and for all usages over the western extremity of Field 573 “Le Clos du Cras” belonging to the vendor, in order to come and go from the piece of land sold to the public road. However, a new access to the property was never created in this location and would now be subject to prohibitive Planning conditions.

Current Situation

Property Holdings has been approached by Mr John Hedley Le Brocq as owner of Field 522 and Mr Richard Hedley Le Brocq as owner of the access track, in relation to the redevelopment of Field 522 to the west of the track, to construct 3 new dwellings. There is a condition on the Planning Permit for certain highways improvements to be undertaken in relation to the scheme and in order to create the required visibility splay to the east side of the access track. Mr R H Le Brocq therefore wishes to acquire a small area of land to the western extremity of Field 573A, owned by the Public.

Terms and conditions have been agreed between Mr R H Le Brocq and the Public of the Island in relation to the sale of a triangle of land to the western extremity of Field 573A to create a visibility splay, for a nominal consideration of £10.00.

In addition, the Public will be afforded service rights, drainage rights and unencumbered access rights at all times and for all purposes, in perpetuity in relation to the existing access way, as shown grey on the attached plan for identification purposes.

The Public will also retain the existing rights over the western extremity of Field 573 and the area of land being sold (illustrated hatched on the attached plan).

Mr R H Le Brocq will be responsible for removing the existing boundary fence and for reinstating a new boundary structure (type to be agreed with Jersey Airport), at his sole cost.

The new boundary structure will belong to the Public in its entirety and will constitute the new boundary between the access track and Field 573A.

The Public will be granted access rights to maintain the boundary structure.

All works are to be carried out in accordance with Planning Permit No. P/2003/1829

Each party will meet their own legal costs.

Recommendation

It is recommended that the Public approve the sale of land and formalise the access and service rights in relation to the track.

Written By: Amy Vibert

Signature …………………………

Authorised By: Eric Le Ruez

Signature ………………………… 4 September 2006