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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

[THIS DECISION RESCINDS MD-ESC-2018-0020] A decision made on 31 August 2018

Decision Reference: MD-ESC-2018-0021

Decision Summary Title :

To commence the procedure 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; and to specify the length of time required for a response to the serving of the first notice

Date of Decision Summary:

31st August 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 :

Commencing Procedure of Compulsory Purchase - Report

Date of Written Report:

31st  August 2018

Written Report Author:

Director Policy & Planning

Written Report :

Public or Exempt?

Public

Subject:  In the event of agreement not being reached between the parties by close of business on 24 August 2018, 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; to specify the length of time required for a response to the serving of the first notice and to state the time at which vacant possession will be required.  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 States decision to adopt P.78/2018, which approved the acquisition by the Public of the land being Field No.85, the majority of Field No. 84 and the majority of Field No. 80, La Rue Carrée, St Brelade, by the procedure as laid down in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, the Minister for Education has decided to give notice to commence this procedure. The Minister is also requesting that the period specified in the first notice to be served for a response to be received by the owner of said Fields is 28 days. Vacant possession will be required on 19 October 2018.

Reason(s) for Decision:  Following the adoption of P.78/2018 by the States Assembly and subject to intervening agreement between the parties, the Minister for Education is required to commence the procedure for Compulsory Purchase. The Minister is also required to identify the timescales required for the Field owner to respond to the serving of the first notice as outlined in the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961. The minimum time period of 28 days has been requested to ensure the procedure is expedited as efficiently as possible to ensure the said Fields are vested in the public in or before 19 October 2018 to ensure construction of the new school can be completed in time for the academic year September 2020. Any delay to this will result in the project slipping by a year (due to the requirement for the school to move during the summer term) and will impact on the education of Les Quennevais pupils and increase the costs to the project (due to construction inflation). This decision rescinds the previous decision made on 28th August 2018 MD-ESC-2018-0020.

 

Resource Implications: Through the procedure of Compulsory Purchase it is feasible the costs to purchase the said Fields will be in excess of the figure initially agreed with the land owner in the original Heads of Terms. The overall budget for the acquisition of land, construction and fit out of the school has been agreed. Therefore, any increased costs will have an impact on this overall project unless identified from another source.

 

Action required: The Department for Children, Young People, Education and Skills to instruct the Greffier of the States to serve the required 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.

Signature:

Position: 

Minister for Education

Date Signed:

31st August 2018

Date of Decision (If different from Date Signed):

 

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

Commencing Procedure of Compulsory Purchase - Report

 

In view of the decision of the States to adopt P.78/2018 the Minister for Education, as 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 Minister 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.78/2018.

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