Oxford Road (part), St. Helier: Proposed extinguishment and transfer to Public as part of Millennium Town Park, and Gas Place/Oxford Road (part) proposed transfer of strips/parcels to facilitate road enhancements

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A decision made 19 May 2014:

Decision Reference: MD-PH-2014-0078

Decision Summary Title :

Oxford Road (part), St Helier – Proposed Extinguishment and Transfer to the Public as part of the Millennium Town Park, and Gas Place/Oxford Road (part) - Proposed Transfers of Strips/Parcels of Public Land to Facilitate Road Enhancements

Date of Decision Summary:

13 May 2014

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 :

Date of Written Report:

13 May 2014

Written Report Author:

Principal Property Manager

Written Report :

Public or Exempt?

Report - Public

SDs 1 & 2 – Public

Subject: Oxford Road (part), St Helier – Proposed Extinguishment and Transfer to the Public as part of the Millennium Town Park, and Gas Place/Oxford Road (part) - Proposed Transfers of Strips/Parcels of Public Land to Facilitate Road Enhancements

PBA 0085-01-001

Decision(s):

1. The Minister decided, as recommended by Jersey Property Holdings, to notify the States of his intention to:

rescind previous decisions MD-PH-2011-0133 and MD-PH-2012-0008;
to take ownership, from the Parish of St Helier, of the section of Oxford Road co-extensive with the Millennium Town Park, as shown coloured green on the attached plan and measuring approximately 261.0 sq m.

to transfer to the Parish five strips/parcels of land co-extensive with Gas Place and Oxford Road (part), as shown coloured red on the attached plan and measuring in total approximately 242.4 sq m;

both transfers being at nil cost, and with each party to meet their own costs in connection with the contractual arrangements;

to confirm the above decision after giving the States 15 working days’ notice of the transaction, and to cause the transaction to be completed

Reason(s) for Decision:

1. Under Standing Order 168 (1) (a) the Minister is obliged to notify the States that he has accepted the recommendation of Jersey Property Holdings to agree to the above land transaction.

Resource Implications:

The financial implications of this decision are detailed in the accompanying report.

There are no manpower implications in respect of this decision.

When the sale is concluded the States asset balance sheet will be amended to account the transaction

Action required:

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.

The Director of Jersey Property Holdings is to copy this decision and the accompanying report to the Connétable of St Helier.

Signature:

Position:

Deputy E J Noel *

Assistant Minister for Treasury & Resources

Date Signed:

Date of Decision (If different from Date Signed):

Oxford Road (part), St. Helier: Proposed extinguishment and transfer to Public as part of Millennium Town Park, and Gas Place/Oxford Road (part) proposed transfer of strips/parcels to facilitate road enhancements

TREASURY AND RESOURCES DEPARTMENT

JERSEY PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

PBA 0085-01-001

NOTE: This report supercedes the report dated 11 November 2011 titled “Oxford Road (part), St Helier – proposed extinguishment and transfer to the Public as part of the Millennium Town Park PBA 0085” (which report was referred to under MD-PH-2011-0133 and MD-PH-2012-0008).

Purpose

The purpose of this report is to seek ministerial approval for a mutually convenient land exchange between the Public and the Parish, as follows:

The Public to take ownership, from the Parish of St Helier, of the section of Oxford Road co-extensive with the Millennium Town Park, as shown coloured green on the attached plan and measuring approximately 261.0 sq m.

The Public to transfer to the Parish five strips/parcels of land co-extensive with Gas Place and Oxford Road (part), as shown coloured red on the attached plan and measuring in total approximately 242.4 sq m.

Both transfers are proposed to be at nil cost, and with each party to meet its own costs in connection with the contractual arrangements.

Background

The Millennium Town Park, which was formally opened on 29 October 2011, incorporates a section of Oxford Road, as shown coloured green upon the accompanying plan.

That section of Oxford Road has been removed and fully incorporated into the Park, with a new surface being created for pedestrians and cyclists to cross the site.

Oxford Road is administered by the Parish of St Helier, which agreed the incorporation of the relevant section into the park and its use ceasing as a Public highway.

However, the process of formalising the transfer of the roadway to the Public, and the extinguishment of same has lagged behind the construction of the new park.

Furthermore, as part of the construction of the Park, certain road improvements have been implemented on Gas Place and part of Oxford Road (Parish roads), and as such, five strips/parcels of Public land are now incorporated into, or adjoining, those roads. The four areas are detailed as follows:

1/2. Two strips on south side of Gas Place: Numbered 1 and 2 on the attached plan, these strips are now incorporated into Gas Place.

Strip on south side of Oxford Road: Numbered 3 on the attached plan, this strip is now incorporated into Oxford Road.

Parcel of land to east of Oxford Road: Numbered 4 on the attached plan, this is a new paved square which has been incorporated into the road improvements and is planned (by the Parish) to enhance the potential for reuse of the “Le Seelleur Workshop” in the future.

Parcel of land to southern end of Oxford Road: Numbered 5 on the attached plan, this is an area now forming a service/standing bay.

Current Situation

The terms of the land transfers are as follows:

The section of Oxford Road now incorporated into the Millennium Town Park, as shown coloured green on the attached plan and measuring approximately 261.0 sq m, is to be extinguished as a public highway;

The ownership of that section of the roadway to be transferred from Parish to Public ownership at nil cost.

The five strips/parcels of land now incorporated into gas Place and Oxford Road (part) as shown coloured red on the attached plan and measuring in total approximately 242.4 sq m, are to be transferred from Public to Parish ownership at nil cost.

Land parcel described under ‘4’ above and numbered 4 on the attached plan must remain as presently established or be altered only within the context of the streetscape, and cannot otherwise be developed for any other purpose.

A permanent cycle route is to be established across the line of the ‘incorporated’ section of Oxford Road and provision for same being covered under the Policing of Parks (Jersey) Regulations 2005, with the final wording of the necessary Order to be agreed with the Parish;

Each party is to meet its own costs in connection with the contractual arrangements.

Conclusion

Part of Oxford Road, being a Parish highway, has now been incorporated into the Millennium Town Park in the ownership of the Public.

It is essential that the extinguishment of the road is effected and that the ownership is transferred to create a single corpus fundi for the new Public open space.

The Parish’s requirement for the line of the road to remain open for cyclists to cross the park is considered to be reasonable.

Also, as part of the construction of the Park, certain road improvements have been implemented on Gas Place and part of Oxford Road (Parish roads), and as such, five strips/parcels of Public land are now incorporated into, or adjoining, those roads.

These areas should be conveyed to the Parish to formalise the arrangement.

Recommendation

It recommended that the Minister agrees for the Public:

To take ownership, from the Parish of St Helier, of the section of Oxford Road co-extensive with the Millennium Town Park, as shown coloured green on the attached plan and measuring approximately 261.0 sq m.

To transfer to the Parish five strips/parcels of land co-extensive with Gas Place and Oxford Road (part), as shown coloured red on the attached plan and measuring in total approximately 242.4 sq m.

Both transfers being at nil cost, and with each party to meet their own costs in connection with the contractual arrangements.

Written By: (Principal Property Manager)

Signature …………………………

Authorised By: (Director/Assistant Director JPH)

Signature ………………………… 13 May 2014