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A decision made (01/09/2008) regarding: No. 2, Devonshire Place, St. Helier - Deed of Arrangement.

Decision Reference: MD-H-2008-0086
Decision Summary Title :	DS – No. 2 Devonshire Place – Deed of Arrangement		Date of Decision Summary:	28th August 2008
Decision Summary Author:	Carl Mavity, Director of Estate Services		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 :	No. 2 Devonshire Place – Deed of Arrangement		Date of Written Report:	22nd August 2008
Written Report Author:	Carl Mavity, Director of Estate Services		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: To agree the basis of the transaction to grant rights to the owner of No 4 Devonshire place in respect of certain drainage apparatus and mains water supply beneath the Public’s land.
Decision(s): The Minister:- approved the entering into of the deed of arrangement as proposed on the basis that Miss Pinheiro pays to the Public £5,000 in consideration together with the Public’s reasonable legal costs and £200,00 in relation to the Department’s administrative costs. requested that the Treasury & Resources Minister approve the transaction in accordance with States Standing Order 168.
Reason(s) for Decision: To recognise the historical position of the water supply and drainage apparatus and to ensure that the Public is properly remunerated in respect of the granting of perpetual rights.
Resource Implications: Financial: £5,200 receipt by the Public
Action required: Director of Estate Services to make representations for the approval of the Treasury & Resources Minister.
Signature:		Position: Minister
Date Signed:		Date of Decision (If different from Date Signed):

2, Devonshire Place, St. Helier - Deed of Arrangement.

Date of Report: 22 nd August 2008

HOUSING DEPARTMENT

REPORT FOR HOUSING MINISTER

No. 2 Devonshire Place, St Helier – Deed of Arrangement

Purpose

To request the approval of the Minister for Housing for the Public to enter into a Deed of Arrangement with Miss Monica Regina Dos Ramos Pinheiro.

Background

The Public is the owner of No.2 Devonshire Place, St Helier which includes a small private roadway to the rear and marked as hatched on the attached plan. The property is occupied as Social Rented Housing and administered by the Housing Department.

No. 4 Devonshire Place was purchased by Miss Pinheiro in 2006 and during that conveyance it was established that the sewerage pipes, rain water drainage apparatus and mains water supply for No. 4 run beneath the Public’s roadway without there being any legal right to do so.

Miss Pinheiro’s Lawyers have requested that a deed be passed granting Miss Pinheiro rights in perpetuity for the drainage apparatus and mains water pipes to remain.

Requests such as this are relatively common and it is in practice normal for the landowner granting such rights to require payment of some consideration to reflect the benefit being given to the other party. Such a consideration might for a new connection be as much as £10,000. Given that the apparatus beneath the Public’s land has in all probability been in situ for decades, it is perhaps unreasonable to insist on the payment of a consideration as if this were a new installation. However, it is felt that the Public could reasonably demand a consideration of 50% of the normal rate estimated to be £5,000, plus its reasonable legal fees and an agreement to contribute to maintenance of the roadway in the future. Accordingly, an offer to pay the Public the sum of £5,000 plus reasonable legal and officer fees has been made by Miss Pinheiro in respect of the transaction.

Recommendation

It is recommended that the Minister:-

approve the entering into of the deed of arrangement as proposed on the basis that Miss Pinheiro pays to the Public £5,000 in consideration together with the Public’s reasonable legal costs and £200,00 in relation to the Department’s administrative costs.

request that the Treasury & Resources Minister approve the transaction in accordance with States Standing Order 168.

Report Drafted by: ………………………………….. Date: 22nd August 2008

C Mavity

Director of Estate Services

Report Approved by: …………………………………… Date:

I K Gallichan

Chief Officer