TRANSPORT AND TECHNICAL SERVICES
EXTINGUISHMENT OF PART OF THE HIGHWAY ADJACENT TO NUMBERS
12 AND 14 NEW STREET
Purpose of the Report
To extinguish a small part of New Street along the boundary with numbers 12 and 14 New Street to enable De Gruchy’s to redevelop their site in accordance with approved plans.
Background
Transport and Technical Services were recently informed that De Gruchy’s Limited wish to re-develop 8 to 14 New Street. The plans that have been approved under the Planning Law show the development extending into land that is currently part of the Public Highway.
Land that is part of the Public Highway cannot be developed. The section of land, shown hatched on the drawing in appendix 1 will therefore need to be extinguished and transferred to the ownership of De Gruchy’s Limited before the development can go ahead.
Discussion
De Gruchy and Co Ltd were granted consent to demolish 12 and 14 New Street in 2009 and construct a new building with ground and first floor retail space as well as 20 residential apartments. At the time of the application the applicant believed that an area of approximately 23m² adjacent to the Highway was in their ownership. The area in question is shown shaded in the sketch drawing in appendix 1. In early 2014 on checking the situation with Jersey Property Holdings and the Law Officers Department it was determined that the land is actually in Public Ownership and therefore part of the Public Highway.
Before land that is part of the Public Highway can be used for such commercial development as De Gruchy’s wish to carry out, the part of the land concerned is required to be extinguished. A road or part of a road can only be extinguished by Order of the Royal Court, under the Extinguishment of Roads (Jersey) Law 1972 on the following grounds:
(a) the road which forms the subject of the application is unnecessary;
(b) it is in the public interest that the road should be extinguished; or
(c) it is necessary or desirable in connection with the proper development of any part of Jersey that the road should be extinguished.
It is considered to be in the Public interest to allow De Gruchy’s to develop their site to the approved Planning Permit, in the interests of economic growth.
Conclusion
It is considered to be in the Public interest to allow De Gruchy’s to develop their site to the approved Planning Permit, in the interests of economic growth, by extinguishing a 23m² section of the Public Highway alongside 12 and 14 New Street.
Recommendation
The Minister is recommended to approve the extinguishment of a 23m² section of the Public Highway adjacent to 12 and 14 New Street.
Reason(s) for Decision
To enable De Gruchy’s Limited to develop on land in New Street that is currently part of the Public Highway.
Resource Implications
There are no resource implications for Transport and Technical Services.
Action Required
Senior Engineer to instruct the Law Officers Department to commence appropriate proceedings to extinguish 23m² of the Highway adjacent to 12 and 14 New Street and to ask Jersey Property Holdings to transfer the ownership of the land to De Gruchy’s in exchange for an appropriate sum of money.
Written by: | Senior Engineer |
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Approved by: | Director of Transport |
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Endorsed by: | Director of Infrastructure and Engineering Services |
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Attachments: | Appendix 1 |