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Acquisition of Land by Compulsory Purchase: Our Hospital Project - Second Notice(s)

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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A decision made on 15 June 2022

Decision Reference:  MD-ENV-2022-428

Public

Subject: Acquisition of Land by Compulsory Purchase Our Hospital Project  Second Notice(s)

 

Report Title: Acquisition of Land by Compulsory Purchase Our Hospital Project Second Notice(s)

Exempt (Article 33(b))

Decision(s):

The Assistant Minister decided to instruct the Greffier of the States to serve Acquisition of Land by Compulsory Purchase: Our Hospital Project - Second Notice(s) for the compulsory purchase of:    Car Parking along Peirson Road; Petanque Pitch Verge adjacent St. Aubin's Road; Inn on the Park Car Park – car parking spaces (44 no) adjacent St Aubin's Road; People’s Park Car Park – car parking spaces (69 no) including 2 no bays for bicycles and motor bikes; Promenade including a section of playground adjacent to Westmount Road and attenuation tank; Land to the north of People’s Park including walkway; Protected open space area utilised by Bowling Club; Protected open space to the south of upper Westmount Road with steps on north east (1823 square metres); Verge to the north of Jersey Bowling Club (1660 square metres); Verge to the west of Westmount Road (1570 square metres); Protected open space (300 square metres) adjacent St. John’s Road (Clos Vaze); Near monument/Victoria Park (west); Layby and footway to the north of eastern end of Westmount Road; Layby and footpath to the east of Overdale Hospital; Footpath and public realm between St Aubin's Road and Victoria Avenue; Driveway, strip of land, bin store and raised planter at entrance to Hillcrest and Castle View owned by 5 Hillcrest, Westmount Road, St Helier JE2 3LP.

Reason for Decision(s):

The Minister for the Environment, and the Assistant Minister for the Environment by virtue of the delegation of the Minister’s functions, is the acquiring authority within the meaning of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, and Article 119 of the Planning and Building (Jersey) Law 2002. The Assistant Minister is authorised to acquire the following land and resolve rights or covenants as part of the Our Hospital Project following the approval and adoption of P.123/2020 (Our Hospital Site selection: Overdale), P.129/2020 (Our Hospital Project: acquisition of land for the new hospital at Overdale), P.167/2020 (Our Hospital: Preferred Access Route), and P.80/2021 (Our Hospital – Budget, Financing and Land Assembly) by the States Assembly. Background information in respect of the requirement to purchase the land can be found in the report to P.80/2021. Following the serving of first notices, and, where received, the responses to said notices, second notices are now required for the purposes of giving effect to the decisions of the States Assembly with regard to compulsory purchase of the land identified as part of the Our Hospital Project. The second notices are necessary because agreement has not been reached with the relevant landowners for the sale of the land or the surrender of leases. The second notice provides the compensation that has been evaluated to be appropriate for the land that is to be acquired.

Resource Implications: There will be a financial cost to the Government of Jersey that will be determined by the Board of Arbitrators in accordance with Article 119 (4) of the Planning and Building (Jersey) Law 2002 and Article 10 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

 

Action Required: The Assistant Minister for the Environment hereby authorised the Greffier of the States to serve the second notices in respect of those properties identified in the report.

 

Signature:

 

 

 

Signed By: Assistant Minister for Environment

Date Signed:

 

 

 

Date of Decision (If different from Date Signed):

 

 

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