Le Squez and the Ernest Watson Close Association: Deed of Arrangement for boundary wall

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A decision made on 3 December 2012:

Decision Reference: MD-H-2012-0097
Decision Summary Title :	DS – Deed of Arrangement for boundary wall between Le Squez and the Ernest Watson Close Association		Date of Decision Summary:	16th November 2012
Decision Summary Author:	Asset Management Officer		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 :	DS – Deed of Arrangement for boundary wall between Le Squez and the Ernest Watson Close Association		Date of Written Report:	16th November 2012
Written Report Author:	Asset Management Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Deed of Arrangement for boundary wall between Le Squez and the Ernest Watson Close Association
Decision(s): The Minister; Approved the proposed acquisition of rights by the Public from the Ernest Watson Close Association in accordance with Standing Order 168 (1) (b); Requested that the Treasury & Resources Minister (i) approve the transaction under Standing Order 168(2) and (ii) authorise the Greffier and Attorney General to pass the necessary deed of arrangement on behalf of the Public before the Royal Court under Standing Order 168 (5).
Reason(s) for Decision: To approve the transaction in accordance with standing order 168
Resource Implications: Nil
Action required: Asset Management Officer to seek approval of Treasury and Resources Minister via Property Holdings
Signature:		Position: HOUSING MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Le Squez and the Ernest Watson Close Association: Deed of Arrangement for boundary wall

DATE OF REPORT: - 16th November 2012

REPORT TO THE HOUSING MINISTER

DEED OF ARRANGEMENT FOR BOUNDARY WALL BETWEEN LE SQUEZ

AND THE ERNEST WATSON CLOSE ASSOCIATION

Background

The Minister will recall that on 18th July 2012 he agreed to progress the development of Phase 2c Le Squez (MD-H-2012-0070 refers) by approving the proposals for development and the list of contractors earmarked for inclusion in the tender process.

The Le Squez site shares part of its southern boundary with land owned by the Ernest Watson Close Association (the Association) which was incorporated in accordance with the Declaration of Co-Ownership registered in the Public Registry of the Island by the Act of the Royal Court dated 7th October 1992 and which is the owner of the property known as Ernest Watson Close comprising three blocks of apartments together with land, parking spaces and gardens.

The boundary between Le Squez and Ernest Watson Close comprised a wire fence which belonged to the Public. This fence was in a poor state of repair and needed replacing. It was decided that a concrete block wall would provide a more appropriate and substantial boundary structure. The new wall will belong to the Public, without offset, and the Association has agreed to grant the Public the necessary access rights on to Ernest Watson Close to maintain the wall. These rights are to be fomalised in a deed of arrangement.

There is no financial consideration being paid and each party has agreed to pay its own legal fees.

Recommendations

That the Minister;

Approves the proposed acquisition of rights by the Public from the Ernest Watson Close Association in accordance with Standing Order 168 (1) (b);

Requests that the Treasury & Resources Minister (i) approves the transaction under Standing Order 168(2) and (ii) authorises the Greffier and Attorney General to pass the necessary deed of arrangement on behalf of the Public before the Royal Court under Standing Order 168 (5).