Centre Point Trust Nursery: Access Rights Modification

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A decision made 24 March 2014:

Decision Reference: MD-H-2014-0018
Decision Summary Title :	DS – Centre Point Trust Nursery – Modification of Rights		Date of Decision Summary:	11th March 2014
Decision Summary Author:	Asset Manager		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 :	WR - Centre Point Trust Nursery – Modification of Rights		Date of Written Report:	11th March 2014
Written Report Author:	Asset Manager		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Centre Point Nursery – Modification of Rights
Decision(s): That the Minister agreed to: The proposals set out in this report and that the relevant contract is passed.
Reason(s) for Decision: To approve the modification of access rights.
Resource Implications: The Public (JPH) will be responsible for the reasonable legal fees incurred by the Jersey Cheshire Home Foundation (Incorporated) in respect of the passing of the proposed contract.
Action required: The Attorney General to prepare and pass the necessary contracts on behalf of the Public.
Signature:		Position: HOUSING MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Centre Point Trust Nursery: Access Rights Modification

Date of Report 12th March 2014

REPORT TO THE MINISTER

CENTRE POINT TRUST NURSERY – MODIFICATION OF RIGHTS

Purpose of Report

The purpose of this report is to set out the case for the Public of this Island (the “Public”) as owner of (i) the “Centre Point Trust Nursery” (“Centre Point”) and the Housing Department as owner of the (ii) the “Multiple Sclerosis Therapy Centre” (the “MS Centre”), entering into a contract with the Jersey Cheshire Home Foundation (Incorporated), as owner of the “Cheshire Homes”, to agree new openings in the party wall separating the parties’ properties together with appurtenant rights.

The above properties are situate at Rope Walk, St. Helier and shown on the attached extract from Jersey Mapping (SD1).

Background

By contract lease passed before the Royal Court on 3rd April 1987 (the “1987 Lease”), the Public leased to the “Jersey Friends of A.R.M.S.” for a period of 99 years, commencing on 1st May 1986 and terminating on 30th April 2085, an area of land in the north western corner of the La Collette Flats housing estate for the establishment of a centre for Hyperbaric Oxygen Therapy for (inter alia) Multiple Sclerosis sufferers; the MS Centre is currently under the administration of the Housing Department and will be transferred to Andium Homes as part of the Housing Transformation Process.

The Jersey Cheshire Home Foundation (Incorporated) was party to the 1987 Lease and agreed (inter alia) to the establishment of rights of way over Rope Walk, forming part of its property, and a right to make openings in the party wall separating Centre Point and the MS Centre.

By contract passed before the Royal Court on 23rd April 1999 (the “1999 Contract”), the Jersey Friends of A.R.M.S., as lessee of the MS Centre, agreed to modify the 1987 Lease by creating a right of way at all times and for all purposes over the northern part of the MS Centre for the benefit of Centre Point.

By Agreement of Lease dated 5th March 2013 (the “2013 Lease”), the Public leased Centre Point to the Jersey Society for the Provision of a Children’s Resources Centre, for a period of 9 years commencing on 1st June 2008 and terminating on 31st May 2017, the lessee has the benefit of the right of way established in the 1999 Contract.

Current Situation

The Jersey Friends of A.R.M.S. and the Jersey Society for the Provision of a Children’s Resources Centre wish to cancel the existing arrangement in respect of the access to Centre Point and have agreed to cancel the right of way over the MS Centre established in the 1999 Contract.

It is proposed to create a new access for Centre Point directly off Rope Walk which will necessitate the enlarging and modification of the existing opening in the party wall between Centre Point and Rope Walk. The existing and proposed arrangements are shown on Drawing No 1024.01 dated 31/01/2014 and prepared by Barnes Collie Fischer, copies of which are attached to this Report (SD2).

It will be necessary to pass a contract before the Royal Court between the Public, as owner of Centre Point and the MS Centre, and the Jersey Cheshire Home Foundation (Incorporated), as owner of Rope Walk, to agree the above changes and grant the relevant appurtenant rights, to which contract the lessees of the 1987 and 2013 Leases will be party to agree the cancellation of the provisions of the 1999 Contract and ratify the new arrangement.

In the same contract, the Public will grant the lessees the right to build a low boundary wall between Centre Point and the MS Centre.

Parties to the Agreement

The Public (Jersey Property Holdings & The Housing Department)
The Jersey Cheshire Home Foundation (Incorporated)
The Jersey Society for the Provision of a Children’s Resources Centre
The Jersey Friends of A.R.M.S

Conditions

The provisions of the proposed contract will subsist for the duration of the 1987 Lease.

Resources Implications

The Public (JPH) will be responsible for the reasonable legal fees incurred by the Jersey Cheshire Homes Foundation (Incorporated) in respect of the passing of the proposed contract.

Recommendations

That the Minister:-

Agreed to the proposals set out in this report and that the relevant contract is passed.

Report Drafted by: ___________________________ 12th March 2014

David Reid

Asset Manager

Report Checked by: ___________________________ 12th March 2014

David Morris

Head of Property and Asset Management

Report Authorised by: ___________________________ 12th March 2014

John Hamon

Finance Director

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