TREASURY AND RESOURCES DEPARTMENT
JERSEY PROPERTY HOLDINGS
Property Transaction for Ministerial Decision - Minister for Treasury and Resources
Exchange and counter exchange of land at Le Squez Estate, St Clement
Purpose
To rescind the Ministerial Decision signed by the Assistant Minister on 4 February (MD-PH-2010-0008 refers) and to seek the Minister’s approval to allow the Public to exchange and counter exchange various parcels of land on the eastern boundary of Le Squez Estate, St Clement. This will require the creation of a newly defined boundary between the Public’s land at Le Squez Estate and the Samares Nurseries site to the east.
Background
On 13 December 1963 the Public acquired a field known as “Le Clos de la Blanche Pierre” from a Mrs EM Gilbert for the purposes of constructing social housing. This was later developed as part of Le Squez Estate and was known as La Blanche Pierre Close.
In 2004 the States approved P19/2004 which proposed that the Housing Committee be allowed to use the proceeds of the sale of various properties within Le Squez and Le Marais estates to fund the redevelopment of the two estates. In respect of Le Squez, two phases of this redevelopment (phases 1a and 1b) have already been undertaken. It is now proposed that work commence on the third phase (2a).
Current Situation
The area of land in question is bounded to the east by a property known as Samares Nurseries. Prior to progressing this phase of development further, it is necessary to define the boundary between the Public’s land and Samares Nurseries so as to create a boundary line which will aid the redevelopment of the Public’s land. This will require that an exchange and counter exchange of parcels of land with the owners of Samares Nurseries, Samares Nurseries Properties Limited.
Terms and conditions had originally been agreed between the Housing Department, on behalf of the Public, and Samares Nurseries Properties Limited for the exchange and counter exchange as follows.
· The Public will pay a £10 consideration (with no consideration due from Samares Nurseries Properties Limited) and pay all reasonable legal costs, up to a maximum of £1,500.
· The position of new boundary stones and points will be as identified on the attached Transport and Technical Services drawing, numbered M843/01 and associated schedule of GPS co-ordinates.
Having been advised by the Housing Department that the cost of the other party’s legal fees to be borne by the Public would not exceed £1,500, it now transpires that this was not the case. There was no agreed cap of £1,500 and the cost of the fees has now risen to £2,317.50. The revised terms are now as follows.
· The Public will pay a £10 consideration (with no consideration due from Samares Nurseries Properties Limited) and pay all reasonable legal costs of £2,317.50.
· The position of new boundary stones and points will be as identified on the attached Transport and Technical Services drawing, numbered M843/01 and associated schedule of GPS co-ordinates.
Recommendation
It is recommended that the Assistant Minister for Treasury and Resources agrees to rescind his previous decision MD-PH-2010-0008 and accept the revised recommendation of the Housing Minister for the exchange and counter exchange of parcels of land between the Samares Nurseries Properties Limited and the Public.
Written By: Asset Manager
Signature …………………………
Authorised By: (Director/Assistant Director JPH)
Signature ………………………… 8 March 2010