Clos du Bas, Proposed Land Transfer.

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A decision made (18/03/2009) regarding: Clos du Bas, Proposed Land Transfer.

Decision Reference: MD-PH-2009-0017
Decision Summary Title :	DS - Clos du Bas - Proposed Land Transfer	Date of Decision Summary:	06 March 2009
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 - Le Douet de Ste Croix Estate/ Clos du Bas, First Tower, St Helier - Proposed Land Transfer PBA 0848	Date of Written Report:	06 March 2009
Written Report Author:	Principal Property Manager	Written Report : Public or Exempt?	Public
Subject: Clos du Bas - Proposed Land Transfer
Decision(s): 1. The Minister approved, as recommended by Jersey Property Holdings, the transfer of ownership of a strip of land adjoining to the south of Clos du Bas private roadway to Ingleby Private Hotel Ltd, owner of Ingleby Residential Home, the transfer being at nil cost and with each party to be responsible for its own legal fees in passing contract before Royal Court.
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: There are no 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 Jersey Property Holdings is to instruct the Attorney General and the Greffier to pass the necessary contract and to copy this decision to the Minister, Treasurer and Deputy Treasurer.

Signature:

Position:

(Assistant Minister)*

MD-PH-2009-0017

Date Signed:

Date of Decision (If different from Date Signed):

18/03/09

Clos du Bas, Proposed Land Transfer.

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Le Douet de Ste Croix Estate/Clos du Bas, First Tower, St Helier

Proposed Land Transfer

PBA 0848

Purpose

To seek the consent of the Minister for Treasury and Resources to transfer a strip of land on Clos du Bas to Ingleby Residential Home, with each party to meet its own fees in connection with passing contract.

Background

In the early 1990s the Public developed Le Douet de Ste Croix housing estate, La Route ès Nouaux, for first time buyers.

The estate adjoins a private roadway known as Clos du Bas on its north side, which roadway provides access to five private properties.

At the boundary of the Clos du Bas and the new estate it was necessary to construct a retaining wall to support the private roadway. Because the wall had a projecting foundation, it was set-back from the roadway so as not to encroach beneath the private land. This resulted in a strip of land being created between the roadway and face of the retaining wall, approximately 2’8” wide, which was laid to tarmacadam to effectively extend the width of the private roadway.

In 1996 the former Property Services Department wrote to the owners of the five properties on Clos du Bas to offer to transfer the ownership of the Public’s strip of land to them. None were willing to take ownership, and the unsatisfactory situation of a roadway in part private ownership and part public ownership has remained.

More recently, the owner of one of the properties on Clos du Bas, Ingleby Residential Home, approached Jersey Property Holdings with a request to acquire the section of the Public’s strip of land co-extensive with its property – the property being situated at the west end of the roadway and is identified on the attached plan. The department considered that it would be of little advantage to the Public to just dispose of one fifth of the strip of land, and therefore requested that Ingleby Private Hotel Ltd take ownership of the entire strip, subject to confirming with the other four property owners that they still had no wish to acquire. Ingleby Private Hotel Ltd agreed to this, with some reluctance, agreeing to do so only if the land was transferred free of charge and with each party to meet its own fees. The other four property owners have been approached again and none have expressed an interest in acquiring the strip of land.

Conclusion

Following the construction of Le Douet de Ste Croix estate, the Public was left in the unsatisfactory position of owning a 2’8” wide strip of land co-extensive with the south side of the private roadway Clos du Bas. This is a liability for the Public, both in terms of maintenance and in the event of an accident occurring. The owner of Ingleby Residential Home is willing to take ownership of the Public’s entire strip of land subject to transfer at nil cost and with each party to meet its own fees. The other property owners on Clos du Bas have on two occasions declined to take ownership of the strip of land. Under the circumstances, it is recommended that the Public disposes of this liability at nil cost, rather than retaining ownership in the long term.

Recommendation

It is recommended that the Minister approves the transfer of ownership of a strip of land adjoining to the south of Clos du Bas private roadway to Ingleby Private Hotel Ltd, owner of Ingleby Residential Home, the transfer being at nil cost and with each party to be responsible for its own legal fees in passing contract before Royal Court.

Written By: Principal Property Manager

Signature …………………………

Authorised By: (Director/Assistant Director PH)

Signature ………………………… 06 March 2009