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Roadway to La Crête Fort, St John – proposed acquisition of land for road widening adjacent to the Cheval Roc site

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.

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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

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A decision made 3 March 2010 regarding: Roadway to La Crête Fort, St John – proposed acquisition of land for road widening adjacent to the Cheval Roc site.

Decision Reference: MD-PH-2010-0010

Decision Summary Title :

DS - Roadway to La Crête Fort, St John – proposed acquisition of land for road widening adjacent to the ‘Cheval Roc’ site

Date of Decision Summary:

11 February 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 - Roadway to La Crête Fort, St John – proposed acquisition of land for road widening adjacent to the ‘Cheval Roc’ site – PBA 0342

Date of Written Report:

11 February 2010

Written Report Author:

Principal Property Manager

Written Report :

Public or Exempt?

Public

Subject:  Roadway to La Crête Fort, St John – proposed acquisition of land for road widening adjacent to the ‘Cheval Roc’ site

Decision(s): 

1. The Minister approved, as recommended by Jersey Property Holdings, the cession from Bonne Nuit Limited to the Public of approximately 1,400 sq ft of land from the Cheval Roc site in order to widen part of the roadway leading to La Crête Fort, with the maintenance responsibility for the additional area of roadway to remain with the owner(s) of Cheval Roc, and with each party to meet its own fees in connection with the contract.

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. 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-2010-0010

Date Signed: 

1/3/10

Date of Decision (If different from Date Signed): 

Roadway to La Crête Fort, St John – proposed acquisition of land for road widening adjacent to the Cheval Roc site

TREASURY AND RESOURCES DEPARTMENT  

PROPERTY HOLDINGS  

Property Transaction for Ministerial Decision –

Minister for Treasury and Resources  

Roadway to La Crête Fort, St John – proposed acquisition of land for road widening adjacent to the ‘Cheval Roc’ site  

PBA 0342  

Purpose  

To seek Ministerial approval to acquire a strip of land to widen part of the roadway to La Crête Fort. 

Background  

The Public owns a private roadway giving access to La Crête Fort – the extent of the Public’s ownership of this roadway is from the Fort to a point approximately aligning with the western extent of the former Cheval Roc Hotel – now a proposed residential development site – see attached plan 0342/D1. 

La Crête Fort is a Public property operated by the Jersey Heritage Trust as a holiday let. The Trust is not responsible for the roadway – the maintenance obligation remains with the Transport and Technical Services Department. 

The roadway gives access to a number of residential properties, which are contractually obliged to contribute to the maintenance of the roadway. 

Jersey Property Holdings had been approached by the developer of the Cheval Roc site - Bonne Nuit Limited (director Mr Ritchie Brocken) - which wishes to cede to the Public a strip of land adjoining the Public roadway in order to widen same. 

The area of land to be ceded is approximately 1,400 sq ft in area and is shown upon the attached plan 4919/12/B. 

It is proposed that the strip of land, once incorporated into the roadway, will be the responsibility of the owner(s) of the Cheval Roc development to maintain, with no costs or responsibilities being passed to the Public. 

It is also proposed that the existing access rights and services rights enjoyed by Cheval Roc over the Public’s roadway will be extended over the proposed additional area of the roadway. 

The advantage of this proposal to the Public is the benefit of a wider roadway leading to the Fort, particularly in respect of emergency vehicles needing access to the north coast Public footpath network. 

Because the maintenance responsibility of the new section of roadway will remain with the owner(s) of Cheval Roc, there are no apparent disadvantages to the Public in agreeing to receive the land, other than perhaps reaching agreement with the Cheval Roc owner(s) in future years if maintenance is found to be lacking. 

It is proposed that each party will meet it own costs in connection with this proposed transaction. 

Recommendation  

It is recommended that the Minister agrees to the cession from Bonne Nuit Limited to the Public of approximately 1,400 sq ft of land from the Cheval Roc site in order to widen part of the private roadway leading to La Crête Fort, with the maintenance responsibility for the additional area of roadway to remain with the owner(s) of Cheval Roc, and with each party to meet its own fees in connection with the contract. 
 

Written By: Principal Property Manager 
 

Signature ………………………… 
 

Authorised By: Director/Assistant Director Jersey Property Holdings    
 

Signature  …………………………                        11 February 2010

 

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