Notice served under the Electricity (Jersey) Law 1937

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A decision made (15/11/2006) regarding Notice served under the Electricity (Jersey) Law 1937.

Subject:	Notice served under the Electricity (Jersey) Law 1937
Decision Reference:	MD-PH-2006-0096	Exempt clause(s):	None
Type of Report: (oral or written)	Written	Person Giving Report (if oral):
Telephone or e-mail Meeting?	N/A	Report File ref:	PBA 66/5+6
Written Report – Title	Field N°s 533 and 533a and Farm Track, Beauport Common, St Brelade	Written report - author	Philip Ahier
Decision(s): The Minister decided, as recommended by Property Holdings, and with reference to the notice served on the public by the Jersey Electricity Co Ltd on 01 November 2006 under article 11 of the Electricity (Jersey) Law 1937 of its intention to lay a cable under part of the above-mentioned land, and the public’s right to attach to its consent certain terms or conditions or stipulations; that the terms, conditions and stipulations are: The public will receive from, or via, the Jersey Electricity Co Ltd, a fair and proper consideration for allowing its land to be used as a route for a cable serving third party properties, assessed to be £30,750 (thirty thousand, seven hundred and fifty pounds). That should the public’s existing or future use of the above-mentioned land be affected at any time by the laying of the subject cable, necessitating the re-routing of the cable, then all costs associated with that re-routing will be met by the Jersey Electricity Co Ltd. That the wayleave plan attached to the notice served on 01 November 2006 is inadequate to identify the route of the cable, and therefore an accurate “as-built” plan must be produced for the public showing the position of the cable with accurate dimensions. That the excavation and reinstatement of the public land will meet all reasonable requirements of the Environment Department.

Reason(s) for decision:

Under article 11 of the law, there is a 21 day period in which the public can attach to its consent any terms or conditions or stipulations which it sees fit. Should the Jersey Electricity Co Ltd object to any or all of the terms or conditions or stipulations made by the public and the two parties fail to agree, the matter will be referred to the inferior number of the Royal Court.

Action required:

The Director of Property Holdings is to arrange for the above-mentioned terms, conditions and stipulations to be communicated to the Jersey Electricity Co Ltd within 21 days of the notice served on the public on 01 November 2006.

Signature:

(Assistant Minister)[1]

Deputy J Le Fondré

Date of Decision:

MD-PH-2006-0096

Notice served under the Electricity (Jersey) Law 1937

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Fields Nºs 533 and 533A and Farm Track, Beauport Common, St Brelade

PBA 66/5+6

Introduction

On 01 November 2006 the Jersey Electricity Co Ltd served notice on the public under article 11 of the Electricity (Jersey) Law 1937 of its intention to lay a cable under part of the above-mentioned land.

Under Article 11 of the law there is a 21 day period in which the landowner (the public) can attach to its consent any terms or conditions or stipulations which it sees fit. Should the Jersey Electricity Co Ltd object to any or all of the terms or conditions or stipulations made by the landowner and the two parties fail to agree, the matter will be referred to the inferior number of the Royal Court.

It is understood from the Jersey Electricity Co Ltd that primarily, the new cable is being laid to supply the redevelopment of the former Les Creux Hotel into two dwellings, and to improve the infrastructure for the other private dwellings in the area. The cable could travel along the access lane to the properties, but the Company is concerned about the condition of the lane and the disruption that would arise.

Financial consideration

Reference is made to the Ministerial Decision ref MD-PH-2006-0094, in which the Assistant Minister confirmed that the full value of public land must be recognised by parties wishing to transact. The proposal is not a tourism, agricultural or charitable project, and accordingly does not warrant an exception to this policy.

In Property Holdings’ opinion, the proposal to route the cable through the public land will financially advantage the development of the two dwellings on the site of the former Les Creux Hotel, as the installation costs will be significantly reduced compared to routing the cable along the private access lane Le Chemin des Creux/Le Chemin de Beauport. It will also remove the risk of instability arising on the private access lane Le Chemin des Creux/Le Chemin de Beauport through the trenchwork, and will avoid the disruption of temporary restricted access to the householders. It will also slightly advantage the owners of the nine existing dwellings on Le Chemin des Creux/Le Chemin de Beauport through providing an improved electrical supply in comparison to the present overhead cables.

In Property Holdings’ opinion, an assessment of a fair and property consideration to be paid to the public for allowing its land to be used is £12,000 for each of the two proposed dwellings on the site of the former Les Creux Hotel, and £750 for each of the nine existing dwellings on the access lane Le Chemin des Creux/Le Chemin de Beauport. This gives a total of £30,750.

Recommendation

It is therefore recommended that the public the attaches to its consent the following terms, conditions and stipulations:

The public will receive from, or via, the Jersey Electricity Co Ltd, a fair and proper consideration for allowing its land to be used as a route for a cable serving third party properties, assessed to be £30,750 (thirty thousand, seven hundred and fifty pounds).

That should the public’s existing or future use of the above-mentioned land be affected at any time by the laying of the subject cable, necessitating the re-routing of the cable, then all costs associated with that re-routing will be met by the Jersey Electricity Co Ltd.

That the wayleave plan attached to the notice served on 01 November 2006 is inadequate to identify the route of the cable, and therefore an accurate “as-built” plan must be produced for the public showing the position of the cable with accurate dimensions.

That the excavation and reinstatement of the public land will meet all reasonable requirements of the Environment Department.

Written by: Philip Ahier

Signature …………………………

Authorised by: Paul Tucker

Signature ………………………… 15 November 2006