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Field 1219, Mont a L'Abbe, St. Helier- compulsory purchase

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.

An accurate record of “Ministerial Decisions” is vital to effective governance, including:

  • 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

  • providing a record of decisions and actions that will be available for examination by States Members, and Panels and Committees of the States Assembly; the public, organisations, and the media; and as a historical record and point of reference for the conduct of public affairs

Ministers are individually accountable to the States Assembly, including for the actions of the departments and agencies which discharge their responsibilities.

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (10.12.07) to make a compulsory purchase of part of Field 1219, Mont a L'Abbe.

Decision Reference:                        MD–PE–2007-0310

Decision Summary Title :

DS – Category A housing development at Mont-a-l’Abbe – Requirement to acquire adjacent land for a cycle / pedestrian track link to and from Haute Vallée School.

Date of Decision Summary:

4th December 2007

Decision Summary Author:

 

Roger Corfield

Principal Planner: Policy and Projects

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

 

Written and Oral

Person Giving Oral Report:

Roger Corfield

Principal Planner

Written Report

Title :

WR – Pedestrian / Cycle Track Link to Haute Vallee School, Mont-a-l’Abbe, St. Helier

Date of Written Report:

4th December 2007

 

 

 

 

Written Report Author:

Roger Corfield

Principal Planner: Policy and Projects

Written Report :

Public or Exempt?

 

Public

Subject: 

Compulsory acquisition of part of Field 1219, Mont-a-l’Abbe, St. Helier on behalf of the  Public, to enable the construction of a cycle / pedestrian track link between the recently constructed Category A housing development at Field 1218 and Haute Vallée School.

 

Decision(s):

The Minister decided to request Property Holdings to proceed with the use of Compulsory Purchase powers to acquire the land in question, before the Planning Obligation Agreement deadline of 14th January 2008, under the Compulsory Purchase of Land (Procedure)(Jersey) Law, 1961.

 

Reason(s) for Decision:

  1. To enable the construction of a pedestrian / cycle track link between the recently constructed Category A housing development on Field 1218, Mont-a-l’Abbe and Haute Vallée School, as required by the terms and conditions of the formal Planning Obligation Agreement entered into between the developers of the housing site and the former Environment and Public Services Committee.
  2. To ensure that CP proceedings have commenced before the 3 year deadline in the Planning Obligation Agreement, and so avoid the requirement for the path link ceasing to apply and the consequent refunding of the commuted sum paid by the developer for land acquisition.

3.      To provide for the orderly, comprehensive and sustainable development of land in a manner that best serves the interests of the community.

  1. To help integrate the recently constructed housing site with its surroundings.
  2. To provide a convenient and safe route for residents to and from Haute Vallée School and the green lanes beyond.
  3. To promote the use of more sustainable forms of transport (i.e. walking and cycling).

 

Resource Implications:

  It is anticipated that the work arising will be carried out using existing staff resources at Property Holdings and the Crown Officers Department.

  Under the terms of the Planning Obligation Agreement the developer has paid £46,000 for land acquisition, including feasibility work, professional and legal fees, the cost of any Arbitration Board and the cost of certain bank re-grading.

 

Action required:

1.      Inform Property Holdings of the Minister’s decision.

 

2.      Inform the developers of the recently constructed Category A housing development in Field 1218 and local political representatives of the Minister’s decision.

 

Signature:

 

 

Position:

Minister for Planning and Environment

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

 

 

 

 

 

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