Clos de Roncier : Proposed exchange of land to confirm new boundary

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A decision made on 7 January 2013:

Decision Reference: MD-H-2012-0112
Decision Summary Title :	DS – Proposed exchange of land at Clos de Roncier to confirm new boundary		Date of Decision Summary:	19th December 2012
Decision Summary Author:	Asset Management Officer		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 :	DS – Proposed exchange of land at Clos de Roncier to confirm new boundary		Date of Written Report:	19th December 2012
Written Report Author:	Asset Management Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Proposed Exchange of land at Clos de Roncier to confirm new boundary
Decision(s): The Minister; Approved the proposal of the exchange of land between the parties to facilitate the establishment of the new boundary, subject to the Public meeting all the reasonable legal costs; and Requested that the Treasury and Resources Minister approve the transaction under Standing Order 168(2) (a) and that following notification to the States in accordance with Standing Order 168(3) to authorise the Greffier of the States and the Attorney General to pass the necessary contracts on behalf of the Public before the Royal Court.
Reason(s) for Decision: To approve the transaction in accordance with standing order 168
Resource Implications: No financial implications other than those set out in the attached report.
Action required: Asset Management Officer to seek approval of Treasury and Resources Minister via Property Holdings
Signature:		Position: HOUSING MINISTER
Date Signed:		Date of Decision (If different from Date Signed):

Clos de Roncier : Proposed exchange of land to confirm new boundary

DATE OF REPORT: - 19th December 2012

REPORT TO THE HOUSING MINISTER

EXCHANGE OF LAND AT CLOS DE RONCIER

TO CONFIRM NEW BOUNDARY

Background

The Housing Department previously instructed the Law Officers’ Department to ratify the defective boundaries of certain Housing estates as part of the proposal to sell units in accordance with P6.2007 and the following transaction at Clos De Roncier UPRN 69381822, shown cross-hatched for general identification purposes only on the extract of the Map attached as Schedule 1, was agreed with the neighbouring owners The St Clements Growers (Jersey) Limited (“the Company”) at that time and remains outstanding.

The estate adjoins two fields, firstly a certain field known as “La Pièce des Ecroutelles ou Croutelles” bearing the number Field 167 on the Jersey Digital map (“the Map”) UPRN 69210399, and secondly, a certain field known as “Le Clos de Baudains” bearing the number 170 on the map having the UPRN 69210400.

The fields join together and form a single piece of land as shown hatched for general identification purposes only on the extract of the Map attached as Schedule 1 they adjoin in part by the West and in part by the North to the property belonging to the Public.

The formal legal boundaries of Field 167 & Field 170 toward the development are, historically, constituted by the banks belonging, in their entirety and with the normal offsets to the Company. However, over the years, fences have been established upon certain sections of the banks and the development has encroached upon the fields. In other areas, the walls of the development have been built inside of the boundary bank.

It has therefore been agreed that the Public and the Company will enter into a contract of exchange and counter exchange of the necessary areas of land in order to confirm that all existing boundary fences and walls separating the development from the fields shall henceforth constitute the boundary and shall belong to the Public, without offset.

The Housing Department will be responsible for the payment of all reasonable legal fees and expenses incurred by the Company in respect of the proposed contract

Recommendations

That the Minister;

Approve the proposal of the exchange of land between the parties to facilitate the establishment of the new boundaries, subject to the Public meeting all the reasonable legal costs,

Request that the Treasury & Resources Minister approve the transaction under Standing Order 168(2) (a) and that following notification to the States in accordance with Standing Order 168(3) to authorise the Greffier of the States and the Attorney General to pass the necessary contracts on behalf of the Public before the Royal Court.

Report Drafted By: ________________________________ 19th December 2012

David Reid, Asset Management Officer

Report Checked By: _______________________________ 19th December 2012 J C Hamon, Finance Director

Report Approved By: _________________________________ 19th December 2012

Carl B Mavity, Director of Strategic Development