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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 - Serving of Third Notice

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.

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  • 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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 23 October 2018:

Decision Reference: MD-ESC-2018-0024

Decision Summary Title :

To approve the service of a third notice in respect of 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

Date of Decision Summary:

23rd October 2018

Decision Summary Author:

 

Director Policy & Planning

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Oral

Person Giving

Oral Report:

Director Policy & Planning

Written Report

Title :

N/A – continuation of Compulsory Purchase process

Date of Written Report:

N/A

Written Report Author:

Director Policy & Planning

Written Report :

Public or Exempt?

N/A

Subject:  Following the decisions of the Minister [Reference MD-ESC-2018-0021 and MD-ESC-2018-0023] to instruct the Greffier of the States to give notice that, in pursuance of Article 5(1) of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, application will be made to the Inferior Number of the Royal Court for an Order that the land be vested in the public

Decision(s): Following the decisions of the Minister [Reference MD-ESC-2018-0021 and MD-ESC-2018-0023], for the Greffier of the States to serve notice on the owner pursuant to Article 5(1) of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 that application will be made to the Inferior Number of the Royal Court for an Order that the land be vested in the public.

 

Reason(s) for Decision Following the decision of the Minister [Reference MD-ESC-2018-0021], the Greffier of the States  on 31 August 2018, served a notice in accordance with the provisions of Article 4(1) of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 requiring the Owner to notify the Greffier of the States, in writing, within twenty-eight days after the service of the Notice, of his interest in the land and the amount of compensation which he was prepared to accept for such interest.

 

On 28 September 2018 the Greffier of the States was informed as to the amount of compensation which the Owner was prepared to accept.

 

Following the decision of the Minister [MD-ESC-2018-0023], the Greffier of the States on 1 October 2018 served a notice in accordance with the provisions of Article 4(3) of the Law informing the Owner that the Minister for Education considered that the amount of compensation which the Owner was prepared to accept was excessive, informing the Owner of the amount of compensation which the Minister for Education offered to pay and notifying the Owner that if the offer was not accepted within eight days after the service of the said notice, the interest would be acquired and compensation assessed in the manner provided for by the Law. 

 

The Owner did not accept the offer within eight days of the service of the 1 October 2018 notice.

 

As set out in the decision of the Minister [Reference MD-ESC-2018-0021] the Minister decided to commence the process under the 1961 Law to ensure construction of the new school can be completed in time for the academic year September 2020 (due to the requirement for the school to move during the summer term).

 

Notice under Article 5(1) of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961 must give a minimum period of 8 days’ notice of the application to the Inferior Number of the Royal Court for an order that the land be vested in the public.  For the avoidance of doubt, service of the third notice does not prevent the parties passing contract in the intervening time.  Should that happen the application to vest would be rendered otiose and lapse.

 

Resource Implications: As referred set out in MD-ESC-2018-0021. 

 

Action required: The Department for Children, Young People, Education and Skills to request the Greffier of the States to arrange service the required notice(s) under Article 5(1) of the 1961 in respect 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:

23rd October 2018

Date of Decision (If different from Date Signed):

 

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