Le Perquage Car Park, and Le Perquage, St. Peter, and St. Lawrence.

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A decision made (16/11/2006) regarding Le Perquage Car Park, La Route de la Haule, and Le Perquage, St Peter and St Lawrence.

Subject:	Le Perquage Car Park, La Route de la Haule, and Le Perquage, St Peter and St Lawrence
Decision Reference:	MD-PH-2006-0098	Exempt clause(s):		None
Type of Report: (oral or written)	Written	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:		1779/1
Written Report – Title	Le Perquage Car Park, La Route de la Haule, and Le Perquage, St Peter and St Lawrence	Written report - author		Paul Griffin
Decision(s): 1. To note the attached report. 2. To agree to sign any future Planning Application in relation to any construction on Le Perquage (including Le Perquage Car Park) 3. To inform all interested parties that no above ground construction (i.e. visible construction) will take place on any part of the land referred to in the report and owned by the Public, without the consent of Property Holdings, as landowner, who shall not grant such consent until such time that (a) all legal issues associated with the site have been resolved and subsequently that (b) the States (as an Assembly) have approved a variation in the conditions attached to the Le Perquage to allow such construction to take place. 4. It is agreed that no further action will be taken on this matter until an application has been submitted and Property Holdings has been specifically requested to investigate this matter further. 5. Reference is made to the Ministerial Decision ref MD-PH-2006-0094 and it is agreed that such construction will have to take account of the policy outlined in this decision.
Reason(s) for decision: To clarify the current situation in respect of Le Percuage, and to identify that further work will be required to resolve this matter in the future.
Action required: Property Holdings to sign any planning application in relation to above ground (visible) construction on Le Perquage, but to inform any applicant at the time of such application that no such construction will be permitted until (a) all legal issues associated with the site have been resolved by the Public and (b) the States (as an Assembly) have approved a variation in the conditions attached to the Le Perquage to allow such construction to take place.
Signature: (Assistant Minister)[1] Deputy J Le Fondré			Date of Decision: MD-PH-2006-0098 16 November 2006

Le Perquage Car Park, and Le Perquage, St. Peter, and St. Lawrence.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Le Perquage Car Park, La Route de la Haule, and Le Perquage, St Peter and St Lawrence

1779/1

Background

The Public by way of two separate contracts detailed below owns the eastern and western ends of the Le Perquage Car Park. The central section, opposite the property "Justine", is in the ownership of Jersey Water formerly the Jersey New Waterworks Company Limited that it purchased from Mrs de Muizon by contract dated the 19th August 1922. By a Deed dated the 5th July 1924, Jersey Water then leased the aforementioned area to Mr Reginald Henry Voysey. The lease was for a term of 99 years, commencing on the 24th June 1924, and ending on the same day in 2023

This lease was assigned to the Public from a Mr Voysey on 17 April 1964 and is subject to Jersey Water having one parking space free of charge. Other conditions of the lease are that there is to be no erection over the brook, Jersey Water has a right of access at all times to examine and repair the brook, no alterations are to be made to the brook and nothing is to be carried out on the land that could contaminate the brook.

The eastern part of the car park was purchased by the Public from Catherine Mary Nunn, widow of Mr Victor Coutin by contract dated the 2nd September 1966.

The western extremity of the car park is owned by the Public, having right thereto by contract dated the 24th March 1962, of hereditary gift, cession and transfer, from "La Société Jersiaise". The Société Jersiaise was granted the land as part of a bequest from Mrs Annie Bertram Mounsey .

The land was acquired by the Public as part of the transfer of ‘Le Perquage’ from the Société Jersiaise to the Public. The contract specifically requires that conditions laid down in the Codicil to the Will of Mrs Mounsey (dated 11 August 1933) be respected. These conditions include the requirement that Le Perquage is to “…be preserved as a passageway or sanctuary according to the ancient customs of the Island…”.

The contract requires that these conditions should be respected. It would not therefore be appropriate (should any construction be required) for Property Holdings to permit any form of construction on the land unless the removal of this condition is approved by the States Assembly.

Accordingly, no above ground construction (i.e. anything visible) is to be allowed on any land referred to in the Codicil, which (until otherwise demonstrated) is taken to include the western plot of land in Le Perquage car park.

The stream cannot be altered without the consent of the co-owners, due firstly to the terms of the above-mentioned contract and secondly the terms of the Head Lease.

Current Situation

The above-mentioned legal matters remain outstanding and will require resolution in the event of any application being made in respect of construction on Le Perquage.

Accordingly no above ground construction (i.e. anything visible) is to be allowed on any land referred to in the Codicil, which (until otherwise demonstrated) is taken to include all of the land acquired by the Public that comprises the western plot of land in Le Perquage car park.

Any application to build any above ground or visible structure on Le Perquage car park (or any other part of the Le Perquage) will be counter signed by Property Holdings, as owner, but an accompanying letter or footnote will be added to the application form to the effect that no permission to actually construct such a structure will be forthcoming from Property Holdings unless the matter of the terms of the Codicil to the Will have been resolved.

Recommendation

In the event that a planning application is sought in respect of any construction of any above ground or visible construction on or as part of Le Perquage it is recommended that Property Holdings will permit an application to be submitted, but it is to be noted that no permission to carry out any such construction will be forthcoming until (a) all legal matters have been resolved, and (b) the States (as an Assembly) have approved a variation in the conditions attached to the Le Perquage to allow such construction to take place.

It is not considered necessary to investigate the matter any more, until an application has been submitted and Property Holdings has been specifically requested to investigate this matter further. Reference is made to the Ministerial Decision ref MD-PH-2006-0094 and such construction will have to take account of the policy outlined in this decision. It is also recommended that should an investigation be required, that the Director of Property Holdings will agree any likely legal or administration costs with the requesting party before commencing any work.

Written By: Paul Griffin

Senior Valuer/Estates Surveyor

Signature …………………………

Authorised By: Paul Tucker

Assistant Director of Property Holdings

Signature ………………………… 15 November 2006