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Greve de Lecq Cafe Site No. 2 - lease surrender and renewal

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 to the lease surrender and renewal of Greve de Lecq Cafe Site No. 2.

Subject:

Greve de Lecq Café Site No 2 Lease Surrender and Renewal

Decision Reference:

MD-PH-2006-0005

Exempt clause(s):

 

Type of Report: (oral or written)

Written

Person Giving Report (if oral):

 

Telephone or

e-mail Meeting?

 

Report

File ref:

PG 12/701/1

Written Report –

Title

Property Transaction Greve de Lecq Café Site No 2 - Lease Surrender and Renewal

Written report - author

Paul Griffin

Decision(s):

1. To agree to the surrender of the existing nine year lease with Starfish Limited and enter into a new lease of 25 years for the property known as Greve de Lecq Café Site No 2, St Ouen with a commencing rental of £7,000 a year.

2. Under Standing Order 168 (1) (a) and 168 (3) the Treasury and Resources Minister hereby notifies the States that he has accepted the recommendation of Property Holdings to agree to the above land transaction.

After the expiry of 15 days following presentation to the States the transaction may be concluded.

Reason(s) for decision:

To allow the Lessee, Starfish Limited, to increase its security of tenure and make a major capital investment in the Public’s property known as Greve de Lecq Café site No2, St Ouen.

Under Standing Order 168 (1) (a) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the public of Jersey.

Action required:

Director of Property Holdings to request the Greffier of the States to notify the States of the above decision.

Greffier of the States to notify Property Holdings and the Law Officers’ Department (Bob Aubert) of the date when the States has been notified.

[1]

Deputy J Le Fondré

Date of Decision:

 

 

 

 

 

 

[1] Under delegated powers approved by Treasury and Resources Minister 22 December 2005

Hide report
Greve de Lecq Cafe Site No. 2 - lease surrender and renewal

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Treasury and Resources Minister

Greve de Lecq Café, Site No 2, St Ouen

Lease Surrender and Renewal

PG 12/701/1

Terms and conditions have been agreed between Starfish Limited and the Property Holdings Department in relation to a surrender of the existing 9 year ground lease dated 12 January 2004 and a renewal for a new 25 year ground lease for the Greve de Lecq Café Site No 2, St Ouen (Drawing ref. 701-1-06-01).

The new lease is deemed to have commenced on the 25/12/2005 to allow the construction of a new café facility. The commencing rental shall be £7,000 a year but will increase to £8,750 a year on the 25/12/2006. Thereafter the rental shall be reviewed in line with the Jersey Retail Price Index every five years from the commencement date with the rental being rebased to Market Value of the land in the fifteenth year of the lease.

Recommendation

For the Public to agree to the early surrender of the existing nine year lease and enter into a new lease of 25 years to allow the Lessee to invest a capital sum in the Public’s property known as Greve de Lecq Café Site No 2, St Ouen.

Written By: Paul Griffin

Senior Valuer/Estates Surveyor

Authorised By: Paul Tucker 24 January 2006

Director of Property Services

 

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