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Fair Oaks, Grande Route de St. Clement - proposed transfer of ownership of public land

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 (21.08.07) approve the proposed transfer of ownership of public land at Fair Oaks, Grande Route de St. Clement, St. Clement.

Subject:

Public Land at Fair Oaks, La Grande Route de St Clement, St Clement – Proposed Transfer of Ownership

Decision Reference:

MD-PH-2007-0069

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:

PBA 2051/1

Written Report –

Title

Public Land at Fair Oaks, La Grande Route de St Clement, St Clement – Proposed Transfer of Ownership

Written report - author

Philip Ahier

Decision(s):

1. The Minister approved, as recommended by Property Holdings, that an area of public land at Fair Oaks measuring approximately 58 sq m (624 sq ft) be ceded free of charge to N° 7 Fair Oaks, owned by Miss Christine Margery de Gruchy, for the purpose of extending the domestic garden, on the conditions that:

  The drains and manholes beneath the land remain in public ownership with Miss de Gruchy granting free access at all times for maintenance and inspection purposes.

  The public will not be liable for any damage caused to the land resulting from the inspection, repair or replacement of the drains/manholes.

  The contract of sale will include a clause prohibiting any form of construction on the land being ceded.

  The public’s costs associated with the ceding of the land will be met by Miss de Gruchy.

2. Under Standing Order 168 (1) (a) and 168 (3) the Minister hereby notified the States that he had accepted the recommendation of Property Holdings to agree to the above land transaction.

3. Under Standing Order 168 (5) the Minister hereby authorised the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public.

4. After the expiry of 15 working days following presentation to the States the transaction may be concluded.

Reason(s) for decision:

Under Standing Order 168 (1) (a) and 168 (3) the Minister is required to notify the States of his acceptance of recommendations to dispose, acquire, let or rent land on behalf of the Public of Jersey.

Action required:

1. In accordance with Standing Order 168 (3) this decision must be presented to the States at least 15 working days before the contract is passed. After the expiry of 15 working days following presentation to the States the transaction may be concluded.

2. The Director of Property Holdings is to instruct the Attorney General and the Greffier to pass the necessary contract, and to copy this decision to the Minister, Treasurer and Assistant Treasurer.

Signature:

(Assistant Minister)[1]

Deputy J A N Le Fondré

Date of Decision:

MD-PH-2007-0069

21/08/07

 

 

 

 

 

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