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Our Hospital Project: Acquisition of Land by Compulsory Purchase: First Notice(s)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 29 December 2021

Decision Reference: MD-PE-2021-0099

Decision Summary Title:

Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s)

Date of Decision Summary:

21 December 2021

Decision Summary Author:

Private Secretary

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title:

Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s)

Date of Written Report:

21 December 2021

Written Report Author:

Private Secretary

Written Report:

Public or Exempt?

Public

Subject:

Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s).

Decision(s):

Following the States Assembly decision to adopt P.80/2021, which, in the absence of an agreement being reached, approved the acquisition by the Public of the land and properties required to deliver the Our Hospital project at Overdale by the procedure as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, the Assistant Minister for the Environment has decided to give notice to commence this procedure to acquire the following -

 

  1. Driveway, strip of land and raised planter at entrance to Hillcrest and Castle View owned by 5 Hillcrest, Westmount Road, St Helier, JE2 3LP; and
  2. The parcels of land in the ownership and administration of Parish of St Helier:

 

Ref

Description

P01

Car Parking along Peirson Rd

P02

Petanque Pitch Verge adjacent St Aubins Rd

P04

Inn on the Park Car Park – car parking spaces (44 no) adjacent St Aubins Rd

P05/O23

People’s Park Car Park – car parking spaces (69 no) including 2no bays for bicycles and motor bikes

P06

Promenade including a section of playground adjacent to Westmount Road and attenuation tank

P07

Land to the north of People’s Park including walkway

P08/O12

Protected open space area utilised by Bowling Club

P09

Protected open space to the south of upper Westmount Rd with steps on north east (1823m2)

P10

Verge to the north of Jersey Bowling Club (1660m2)

P11

Verge to the west of Westmount Rd (1570m2)

P12/O12

Protected open space (300m2) adjacent St John’s Rd (Clos Vaze)

New

Near monument/Victoria Park (west)

 

The Assistant Minister also requested that a response to the first notice be received from the owner of said land within 28 days. Vacant possession will be required on 15 June 2022.

 

Note: For the avoidance of doubt, this administrative decision should not be considered an endorsement or otherwise of planning application P/2021/1670 (New Hospital - Overdale Site, Westmount Road, St. Helier) which will be subject to a separate decision by the Minister under Article 12 (public inquiries) of the Planning and Building (Jersey) Law 2002.

Reason(s) for Decision:

P.129/2020, which authorised the acquisition by agreement of the land and properties required to deliver the Our Hospital project at Overdale and approved the principle of the use of compulsory purchase powers in the absence of reaching agreement was adopted by the States Assembly on 17 November 2020. 

 

Subsequent to P.129/2020, P.80/2021 was approved by the States on 7 October 2021, which approved and authorised the acquisition by the Public of the land and properties required to deliver the Our Hospital project at Overdale by the procedure as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961. 

 

Most, but not all, of the land and properties required to deliver the Our Hospital project at Overdale has been acquired by agreement. Given the lapse of time since the States first authorised the assembly of the land and properties required to deliver the Our Hospital project at Overdale the Assistant Minister for the Environment has decided to give notice to commence the compulsory purchase procedure for the remaining land and properties required to deliver the Our Hospital project at Overdale as agreement has not been reached with all of the relevant owners to assemble the States’ preferred site.  

 

The land identified requires acquisition as part of the Our Hospital Project following the approval and adoption of P.123/2020, P.129/2020, P.167/2020 and P.80/2021 by the States Assembly.

 

For the avoidance of doubt, it is acknowledged that agreement can be reached during the process of compulsory purchase

Resource Implications:

There will be a financial cost to the Government of Jersey that will be determined by the Board of Arbitrators in accordance with Article 119 (4) of the Planning and Building (Jersey) Law 2002 and Article 10 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

Action required:

To instruct the Greffier of the States to serve the first notices for the compulsory purchase of:

  1. Driveway, strip of land and raised planter at entrance to Hillcrest and Castle View owned by 5 Hillcrest, Westmount Road, St Helier, JE2 3LP; and
  2. The parcels of land in the ownership and administration of Parish of St Helier.

Signature:

 

 

 

Deputy Gregory Guida

Position:

 

 

 

Assistant Minister for the Environment

Date Signed:

 

Date of Decision (If different from Date Signed):

 

Hide report
Our Hospital Project: Acquisition of Land by Compulsory Purchase: First Notice(s)

 

 

Ministerial Decision Report

Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s)

 

Introduction

The Minister for the Environment, and the Assistant Minister for the Environment by virtue of the delegation of the Minister’s functions, is the acquiring authority within the meaning of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, and Article 119 of the Planning and Building (Jersey) Law 2002.

 

The Assistant Minister is authorised to acquire the following land as part of the Our Hospital Project following the approval and adoption of P.123/2020 (Our Hospital Site selection: Overdale), P.129/2020 (Our Hospital Project: acquisition of land for the new hospital at Overdale), P.167/2020 (Our Hospital: Preferred Access Route), and P.80/2021 (Our Hospital – Budget, Financing and Land Assembly) by the States Assembly.

 

In view of the decision of the States Assembly to adopt P.80/2021, the acquiring authority needs to specify to the Greffier of the States the notice period for the purpose of Article 4(1) of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961. The acquiring authority can also state the time at which vacant possession of the land will be required. Background information in respect of the requirement to purchase the land can be found in the report to P.80/2021.

 

Detail

In view of the decision of the States Assembly, the Assistant Minister is required to instruct the Greffier of the States to serve first notices (see Appendix) for the compulsory purchases as provided P.80/2021, Appendix 1, Plan 4. The remaining land parcels for which there is no agreed negotiated settlement are:

 

  1. Driveway, strip of land and raised planter at entrance to Hillcrest and Castle View owned by 5 Hillcrest, Westmount Road, St Helier, JE2 3LP; and
  2. The parcels of land in the ownership and administration of Parish of St Helier:

 

Ref

Description

P01

Car Parking along Peirson Rd

P02

Petanque Pitch Verge adjacent St Aubins Rd

P04

Inn on the Park Car Park – car parking spaces (44 no) adjacent St Aubins Rd

P05/O23

People’s Park Car Park – car parking spaces (69 no) including 2no bays for bicycles and motor bikes

P06

Promenade including a section of playground adjacent to Westmount Road and attenuation tank

P07

Land to the north of People’s Park including walkway

P08/O12

Protected open space area utilised by Bowling Club

P09

Protected open space to the south of upper Westmount Rd with steps on north east (1823m2)

P10

Verge to the north of Jersey Bowling Club (1660m2)

P11

Verge to the west of Westmount Rd (1570m2)

P12/O12

Protected open space (300m2) adjacent St John’s Rd (Clos Vaze)

New

Near monument/Victoria Park (west)

 

Notes

  • Further ministerial decisions will be required in 2022 to issue the Second and Third Notice(s).
  • Agreement between the parties can be reached at any time during the Compulsory Purchase process.
  • The States of Jersey approved Compulsory Purchase to acquire property as a last resort but also as a mechanism to resolve rights or covenants which need to be newly put in place, cancelled, or modified to serve the development, including for example for the construction of highway, footway, or cycleway or for installation of infrastructure.
  • The information contained within this report has been provided by the Our Hospital Project team to officers supporting the Minister for the Environment and their Assistant Minister(s) so as to assist with the progression of a ministerial decision that would give effect to the decision(s) of the States Assembly.


Appendix – First Notice

 

(To be printed on States Greffier headed paper and displayed at each site)

 

Greffier’s Ref []

 

To: The Owner of [Address].

 

I hereby give you notice that the States, by Act dated [] resolved, in exercise of the powers conferred by Article 119 of the Planning and Building (Jersey) Law 2002, to acquire by compulsory purchase on behalf of the public in accordance with provisions of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, as amended the following land -

[] (shown edged in black outline on the attached drawing) measuring approximately [].

 

In pursuance of paragraph (1) of Article 4 of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961, as amended, you are required to notify the undersigned, in writing, within twenty-eight days after the service of this Notice, of your interest in the land and of the amount of the compensation which you are prepared to accept for such interest.

 

I am also directed, in accordance with Article 4(2) of the Compulsory Purchase of Land (Procedure) (Jersey) Law, 1961, to inform you that vacant possession of the land will be required on [].

 

 

 

 

………………..

………………………

[date of notice]

Greffier of the States

 

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