Draft Howard Davis Farm (Partial Abrogation of Covenant) (Jersey) Law 200-.

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A decision made (20/12/2006) regarding Draft Howard Davis Farm (Partial Abrogation of Covenant) (Jersey) Law 200-.

Subject:	DRAFT HOWARD DAVIS FARM (PARTIAL ABROGATION OF COVENANT) (JERSEY) LAW 200-
Decision Reference:	MD-PH-2006-0104	Exempt clause(s):		N/A
Type of Report: (oral or written)	Written	Person Giving Report (if oral):
Telephone or e-mail Meeting?	N/A	Report File ref:		2/845/1
Written Report – Title	Howard Davis Farm – Partial Abrogation of Covenant	Written report - author		P Tucker - Assistant Director of Property Holdings
Decision(s): The Minister approved the draft Howard Davis Farm (Partial Abrogation of Covenant) (Jersey) Law 200- and agreed that it be lodged ‘au Greffe’.
Reason(s) for decision: To ask the States to adopt a law to allow the partial abrogation of the existing covenant, included as part of the original 1927 Deed of Gift by T B Davis, on parts of Fields 562, 827 and 828, Howard Davis Farm, Trinity, to allow the site to be used and leased, free of any conditions which currently require the land to be used as an agricultural training centre and experimental farm. This is to enable the construction and operation of a commercial dairy and milk processing facility together with ancillary uses.
Action required: Minister to sign Statement of Human Rights Compatibility. States Greffier to be requested to lodge the draft law and report for debate by the States Assembly as soon as possible and on or before the day that the Report and Proposition is lodged for the leasing of land in parts of Fields 562, 827 and 828, Trinity to the Jersey Milk Marketing Board or its successors.
Signature: Assistant Minister Deputy John Le Fondré			Date of Decision: 20 December 2006

Draft Howard Davis Farm (Partial Abrogation of Covenant) (Jersey) Law 200-.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

REPORT TO MINISTER

HOWARD DAVIS FARM

PARTIAL ABROGATION OF COVENANT

2/845/1

Introduction

Parkfield (later to be named Howard Davis Farm), amounting to the house, farm buildings and 40 vergées of land, was gifted to the Public of the Island by the late Thomas Benjamin Frederick Davis and accepted by the Act of the States on the 17th December 1927. A covenant attached to the gifting imposed certain conditions as to the use of the land and buildings. It was one of four separate corpus-fundi transferred by Mr Davis to the Public of the Island in perpetuity and gifted for –

“the purpose of establishing there, under the administration of the Committee of Agriculture of the States, an experimental farm for developing the study of agriculture and for instructing in that science young people and other interested parties”

A very small percentage of the current uses actually fall within the uses permitted under the terms of this covenant with the decline in Island agriculture and the need for research and training within the industry.

Proposed Use

For some time now the Property Holdings, and formerly the Department of Property Services, has been negotiating with the Jersey Dairy which wishes to relocate its milk product processing and manufacturing facility from Five Oaks to a new site. Part of the existing and mostly redundant glasshouse complex at Field 562, Howard Davis Farm site, as shown outlined on the attached Drawing No. 845/06/103, has been identified as being suitable for a new plant. The Minister for Planning and Environment has given Development Approval for a commercial dairy and milk processing facility, of approximately 26,500 sq ft, together with ancillary offices, storage, vehicle parking and new road access over part of the adjacent Field 827. Subject to States approval for the revision of the covenant and the lease of the land to the Jersey Milk Marketing Board it is planned to commence building work as soon as possible.

The surviving members of the T B Davis’ family are being kept appraised of these proposals. Discussions will continue with them on the future uses of other land at Howard Davis Farm and any necessary revision of the covenant to permit those will be the subject of a later Proposition to the States.

Revision of Covenant

To enable the Jersey Dairy to relocate to Howard Davis Farm and construct and operate a commercial dairy on the identified site it is necessary to ask the States to pass a law which revises or partially abrogates the conditions of the original 1927 Deed of Gift by T B Davis. Previous examples of this being done on land in the Public ownership include the former Maternity Hospital in St Saviour’s Road, now used as offices and Le Bas Centre, and the former Westaway Crèche, which is now used as accommodation for medical and nursing staff.

The need for an experimental or training facility in the Island devoted to agriculture has diminished and there is a need for the land and buildings at Howard Davis Farm to have alternative acceptable uses, especially in this case, to enable an area of land to be leased to the Jersey Milk Marketing Board. It is essential therefore that, even though retained in Public ownership, the States are asked to adopt a law which revises or partially abrogates the existing covenant to allow that alternate use of a commercial dairy and ancillary uses on the area of land affected by the covenant as shown hatched on Drawing 845/06/102 and the attached schedule of boundary

co-ordinates.

Trust Fund

It is not considered acceptable for the States to accept a gift of this nature on terms which created a charitable trust and then simply pass a law revising the conditions relating to the charitable purposes and to use the site for other, non charitable purposes with no further reference to the purpose for which the gift was given.

In asking the States to adopt the law, the Minister will also seek for any rental or other income (less any expenses incurred in leasing or preparing the land for leasing) that may be received from the lease of the land, which is currently included in the 1927 Deed of Gift, to be vested in the Treasurer of the States and kept by him in a separate interest earning account until such time that provision has been made by statute for the setting up of a trust fund which is within the spirit of the original charitable purposes of the T B Davis gift.

Financial and manpower implications

There are no other financial or manpower implications.

European Convention on Human Rights.

Article 16 of the Human Rights (Jersey) Law 2000 requires the Minister in charge of a Projet de Loi to make a statement about the compatibility of the provisions of the Projet with the Convention rights (as defined by Article 1 of the Law).

Recommendation

It is recommended that the Minister agrees to lodge ‘au Greffe’ the attached draft Howard Davis Farm (Partial Abrogation of Covenant)(Jersey) Law 200- in order to seek States agreement to the revision or variation of the existing covenant which currently limits the use of parts of Fields 562, 827 and 828 at Howard Davis Farm, Trinity, to that of an agricultural training centre and experimental farm, in order to permit the construction of a commercial dairy and milk processing facility, ancillary offices, storage, access road and vehicle parking areas on the land.

It is also recommended that the Statement of Compatibility with the European Convention on Human Rights is signed to confirm that in the view of the Minister for Treasury and Resources the provisions of the Draft Howard Davis Farm ( partial abrogation of covenant) (Jersey) Law 200- are compatible with the Convention Rights.

Report written by Paul Tucker

Assistant Director of Property Holdings 20 December 2006

Howard Davis Farm, La Route de La Trinite,Trinity.

Co-ordinate and Descriptive Definition of the Boundary Points.

The following coordinate listing and description apply to drawing number

845/06/102.

Boundary points have coordinates currently used in the Jersey Map Grid System 2004.

The following coordinates represent the boundary points.

Point No. Easting Northing Description

BP01A 42824.77E 70880.41N - Boundary point situated at end of hedge and forms corner of original site.

BP01B 42817.37E 70873.26N - Boundary Point situated 10.90 metres south of BP01 along Eastern edge of Field 599.

BP02 42928.81E 70849.24N – Boundary point situated on kerb line at Western edge of Field 827.

BP03 42888.56E 70721.70N - Boundary point situated on kerb line at Western edge of Field 827, South West of BP02.

BP04 43018.80E 70720.98N - Boundary point situated in Field 827, 7 metres West of La Route de Trinite footpath & 19.5m North of Howard Davis Farm access road.

BP05 43018.82E 70724.98N - Boundary point situated 4 metres North of BP04.

BP06 43026.06E 70727.77N - Boundary point situated at The back of Footpath West side of La Route de la Trinite, and 23.5 Metres North of Southern entrance to Howard Davis Farm

BP07 42023.98E 70701.00N - Boundary point situated at the Southern entrance to Howard Davis Farm.

BP08 42863.72E 70707.10N - Boundary point situated at North side of Southern Entrance to Howard Davis Farm, and 15 metres West of Internal Access Road

BP10 42843.59E 70817.20N - Boundary point situated in South Eastern corner of Field 559, and 16.0 metres East of animal cremator.

BP10A 42851.99E 70819.59N - Boundary point situated 9.0m East of BP10.