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D'Azure, La Cache Pallot, Grouville: Drainage: Grant of Contractual Rights

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 16 May 2014:

Decision Reference:      MD-H-2014-0028

Decision Summary Title :

DS – D’Azure, La Cache Pallot – The Grant of Contractual Drainage Rights.

Date of Decision Summary:

13th May 2014

Decision Summary Author:

 

Asset Manager

Decision Summary:

Public or Exempt?

(State clauses from Code of Practice booklet)

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

WR - D’Azure, La Cache Pallot – The Grant of Contractual Drainage Rights.

Date of Written Report:

13th May 2014

Written Report Author:

Asset Manager

Written Report :

Public or Exempt?

(State clauses from Code of Practice booklet)

Exempt under 3.2.1 (a) (x)

Subject: D’Azure, La Cache Pallot – The Grant of Contractual Drainage Rights.

Decision(s):

 

That the Minister:

 

  1. agree to be party to a future Contract of Sale or to enter into a Deed of Arrangement with the owners of D’Azur, La Cache Pallot, des Marais, Grouville to :-

 

  1. permit the installation of a new Surface Water drainage connection pipe beneath La Cache Pallot in order to connect D’Azur to the T&TS Public Surface Water sewer;

 

  1. permit the owners of D’Azur to keep and maintain the existing connection to the Public’s privately owned Foul Water sewer beneath La Cache Pallot;

 

  1. permit the owners of D’Azur to keep and maintain all other existing connections to mains services of Electricity, Mains Water, Telephone and Gas which may be established beneath La Cache Pallot and La Rue Hilgrove in order to service D’Azur;

 

  1. confirm that the pavement to West of D’Azur forms part of D’Azur.

 

  1. request that the Treasury & Resources Minister approve the transaction under Standing Order 168 (2)(a) and authorise the Greffier of the States and Attorney General to pass the necessary contracts on behalf of the Public; and that the payment of £20,000 to the Public from the owners of D’Azur be credited to the Housing Department’s Capital Works Programme (HYR000) for reinvestment in the Decent Homes Programme.

 

Reason(s) for Decision:

 

To approve the grant of contractual drainage rights (as outlined in the attached report) to D’Azur, La Cache Pallot.

Resource Implications:

 

The vendors will pay a charge of £20,000 for the right to maintain both (FW) & (SW) services in the ‘roadway’, this amount will include provision of general ‘statutory services, rights and confirmation of the ownership of the pavement to the West of D’Azur.

The payment will be credited to the Housing Department’s Capital Works Programme (HYR000) for reinvestment in the Decent Homes Programme.

 

The Housing Department will also seek to recover its administration costs of £500 plus GST and payment of the Public’s reasonable legal fees have also been agreed.  The Vendors are to be responsible for paying these costs on the passing of the necessary contract or Deed of Arrangement.

 

Action required:

 

The Treasury & Resources Minister approve the transaction under Standing Order 168 (2)(a) and authorise the Greffier of the States and Attorney General to pass the necessary contracts on behalf of the Public

 

Signature:

 

Position:

                        HOUSING MINISTER

 

Date Signed:

 

Date of Decision (If different from Date Signed):

 

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