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Field No 85, the majority of Field No 84 and the majority of Field No 80, La Rue Carree, St. Brelade: Compulsory Purchase - Serving of Notices

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

The Freedom of Information Law (Jersey) Law 2011 is used as a guide when determining what information is be published. While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.

A decision made 1 October 2018:

Decision Reference: MD-ESC-2018-0023

Decision Summary Title :

To approve the service of a second notice in respect of the  Compulsory Purchase of Field No.85, the majority of Field No. 84 and the majority of Field No. 80, La Rue Carrée, St Brelade, as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

Date of Decision Summary:

1st October 2018

Decision Summary Author:

 

Director Policy & Planning

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

Director Policy & Planning

Written Report

Title :

Compulsory Purchase - Report

Date of Written Report:

1st October 2018

Written Report Author:

Director Policy & Planning

Written Report :

Public or Exempt?

Exempt

QE Article 33

Subject:  Following the decision of the Minister [Reference MD-ESC-2018-0021], to instruct the Greffier of the States to commence the procedure for the serving of notices for the Compulsory Purchase of Field No.85, the majority of Field No. 84 and the majority of Field No. 80, La Rue Carrée, St Brelade, as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 (“the 1961 Law”) to instruct the Greffier to serve notice on the owner pursuant to Article 4(3) of the 1961 Law.  For the avoidance of doubt, it is acknowledged that agreement between the parties can be reached during the process of compulsory purchase.

Decision(s): Following the decision of the Minister [Reference MD-ESC-2018-0021], to instruct the Greffier of the States to commence the procedure for the serving of notices for the Compulsory Purchase of Field No.85, the majority of Field No. 84 and the majority of Field No. 80, La Rue Carrée, St Brelade, as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, notice was served on the owner on 31 August 2018 in pursuance of Article 4(1) of the 1961 Law.

 

The Minister considers the amount of compensation sought by the owner in response to the Article 4(1) notice to be excessive.

 

As the Minister is not of the opinion that it is unnecessary that the interest should be acquired in accordance with the provisions of the 1961 Law, she instructs the Greffier to serve notice on the owner pursuant to Article 4(3) of the 1961 Law that the amount which the Minister offers to pay is the sum of £253,000 (on the basis of £15,000 per vergée (a total of £194,100) and £58,900 in respect of the reduction in value of retained land reduced by reason of severance from other land in the same ownership; that if this offer is not accepted within eight days after the service of notice under Article 4(3) of the 1961, the interest will be acquired and compensation assessed in the manner provided by the 1961 Law.

 

Reason(s) for Decision  Following the decision of the Minister [Reference MD-ESC-2018-0021], to instruct the Greffier of the States to commence the procedure for the serving of notices for the Compulsory Purchase of Field No.85, the majority of Field No. 84 and the majority of Field No. 80, La Rue Carrée, St Brelade,, as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, notice was served on the owner on 31 August 2018 in pursuance of Article 4(1) of the 1961 Law.

 

Under Article 4(3) of the 1961 Law, where the owner, lessee or occupier refuses or neglects to comply with the requirements contained in a notice served pursuant to Article 4(1) of the 1961 Law or if the Minister considers that the amount of the compensation which the owner, lessee or occupier is prepared to accept is excessive, then, unless the Minister is of the opinion that it is unnecessary that the interest should be acquired in accordance with the provisions of the 1961 Law, the Greffier of the States shall serve a notice informing the owner, lessee or occupier of the amount of the compensation which the Minister offers to pay and notifying the owner, lessee or occupier that, if the offer be not accepted within 8 days after the service of the notice, the interest will be acquired and compensation assessed in the manner provided for in the 1961 Law.

 

The notice served on the owner on 31 August 2018 in pursuance of Article 4(1) of the 1961 Law required the recipient to notify the Greffier of the States, in writing, the amount of the compensation which the owner is prepared to accept the interest. 

 

A response was made to the Greffier on 28 September 2018.  The Minister considers the amount of compensation sought by the owner to be excessive. 

 

As set out in the decision of the Minister [Reference MD-ESC-2018-0021] the Minister decided to commence the process under the 1961 Law to ensure construction of the new school can be completed in time for the academic year September 2020 (due to the requirement for the school to move during the summer term).

 

The Minister is not of the opinion that it is unnecessary that the interest should be acquired in accordance with the provisions of the 1961 Law; notice under Article 4(3) of the 1961 Law should therefore be served by the Greffier.

 

The amount which the Minister offers to pay is the sum of £253,000 (on the basis of £15,000 per vergée (a total of £194,100) and £58,900 in respect of the reduction in value of retained land reduced by reason of severance from other land in the same ownership and that if this offer is not accepted within eight days after the service of notice under Article 4(3) of the 1961 Law, the interest will be acquired and compensation assessed in the manner provided by the 1961 Law.

 

 

Resource Implications: As referred set out in the decision of the Minister [Reference MD-ESC-2018-0021].

Action required: The Department for Children, Young People, Education and Skills to instruct the Greffier of the States to serve the required notice(s) under Article 4(3) of the 1961 Law in respect of Field No.85, the majority of Field No. 84 and the majority of Field No. 80, La Rue Carrée, St Brelade.

Signature:

Position: 

Minister for Education

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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