Proposition
THE STATES are asked to decide whether they are of opinion -
a) To agree that the Public should grant a right of access through the sea wall as shown on Drawing No1 to the owners of The Beach House from Green Island slip.
b) To authorise the Attorney General and the Greffier of the States to pass any contracts that might be necessary.
MINISTER FOR TREASURY AND RESOURCES
Note – The proposal is that the right of access should be granted by the Public for a consideration of £70,000 plus costs.
Report
Purpose
The purpose of this report is to set out the facts and supporting documents relating to the proposed grant of an access right through the sea wall at Green Island slip to a property known as The Beach House.
Background
States Standing Order 168 provides for land and property matters to be dealt with by the Minister for Treasury and Resources under delegated authority, thus removing from the order paper a large number of decisions that would otherwise need to be considered by the Assembly.
The Standing Order does, however, include provisions for States members to raise queries or concerns regarding the proposed transaction. This is embodied in a two stage Ministerial Decision process, whereby an ‘in principle’ decision is followed no sooner than 15 working days by a substantive decision. During this period, the Minister for Treasury and Resources will respond to any queries raised and consider any representations.
Notwithstanding the experience that the vast majority of property transactions are dealt with under this process without queries being raised, the current arrangement is important in providing members with an opportunity to raise concerns and receive full and considered responses.
Members will see from the attached chronology that the background surrounding this particular case is long and complex. Positions have become quite entrenched and despite the best efforts of the Assistant Minister and officers, it has not been possible to reach a solution that is acceptable to all parties.
Executive Summary
The issue for States Members to consider is whether a right of access is to be granted to the owners of The Beach House for vehicles to exit and enter the property via the Green Island slip.
The Assistant Minister, Treasury and Resources gave notice of his intention to grant such access following agreement of terms and subject to certain conditions under delegated authority in accordance with States Standing Order 168 by way of Ministerial Decision MD-PH-2012-0077.
The Connétable of St Clement has raised certain objections as to the grant of the right and the creation of an access through the sea wall and these have not been able to be allayed. These objections are set out at Appendix 1.
This matter has been ongoing in a variety of forms since 1998 and needs to be resolved. A chronology of events is attached as Appendix 2.
The Issue
The Beach House does not benefit from vehicular access only pedestrian. A site plan and image are attached at Appendix 3.
The owners of the property are seeking to obtain the right of access, on commercial terms, from the Public and undertake the works to create the access at their expense.
In order to create access, an opening needs to be created in the sea wall with the access taken off of the slip, which is currently used for public parking and the location of a concession.
In considering whether a right of access may be granted, Jersey Property Holdings (JPH) on behalf of the Public has considered a number of issues, as follows:
Crown Consent
The foreshore is owned by the Crown and held by the Public by way of a long lease. The consent of the Crown is required for any grant of access.
HM Receiver General is willing to grant consent subject to the Public agreeing and confirming all statutory consents are in place.
Public Consent
JPH has agreed commercial terms for the access of £70,000 subject to certain conditions and have recommended that the transaction proceed once these conditions are met.
These are;
- The owners accept that access is at their own risk and will not be policed by any Public, statutory or other body and cannot be guaranteed
- All costs in creating the access will be met by the owners of The Beach House
- Final approval of drawings and specification of the access works is required from the Transport and Technical Services Department prior to commencement
- No liability falls to the Public, statutory or other such body for loss to access from the slip due to repair, maintenance, rebuilding or other loss of the slipway
- A restrictive covenant is to be included in the contract preventing the existing built area of The Beach House being extended, converted or significantly altered without consent at an additional premium
Appendix 4 sets out the Ministerial Decision.
It should be noted that The Crown will receive 10% of the premium achieved.
Planning
There is a valid planning permission for the creation of the access. This is by way of the original consent for the building of The Beach House dated 22 October 2002. Details of the consent are set out in Appendix 5.
The Planning department has sought confirmation from the Solicitor General who is of the opinion that the permission is valid.
Concession on the Slip
The concessionaire who operates the deck chair licence currently parks the trailer in the vicinity of the proposed opening. They have confirmed that they are willing to relocate elsewhere on the slip and that they have no difficulty with the access being granted.
Policing of Access
The Parish has concerns that the Honorary Police will be under undue pressure to police the slip if a member of the public blocks the access. It has been agreed with the owners of The Beach House that the risk lies with them and this would form part of the conditions of the contract. For the avoidance of doubt the Parish would not be required to police the access.
Creation of Access
One of the conditions of the grant is that the works are undertaken to the satisfaction of the Transport and Technical Services Department (TTS). Prior to the commencement of any works the specification and drawings must be approved.
TTS are satisfied that the proposed access is feasible and does not pose a significant risk of flooding.
Additionally expert engineering advice has been submitted by the owners to support this application. Appendix 6.
Health and Safety
An expert report has been commissioned by the owners of The Beach House, which states that the creation of the access poses no greater threat for users of the slip than the current ability for cars to use the access slip. Appendix 7.
Historic Plaques
A condition of the grant of access is that the Historic plaques will be relocated at the expense of the owners of The Beach House to another location on the slip wall.
Summary
It is believed that all the necessary statutory consents are in place and that the works to be carried out will not detrimentally affect the retained Public land interest, subject to confirmation by TTS to the engineering treatment.
Recommendation
It is recommended that the approval be granted to the owners of The Beach House to create a vehicle right of access, on the basis of the premium agreed and subject to the conditions identified.
Financial Implications
The Public would benefit from a receipt of £70,000, less 10% to the Crown, should the access be granted.
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