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Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s) (2)

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 on 11 May 2022

Decision Reference:  MD-ENV-2022-329

Public

Subject: Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s) (2)

 

Report Title: Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s) (2)

Decision(s):

The Assistant Minister decided to instruct the Greffier of the States to serve Acquisition of Land by Compulsory Purchase: Our Hospital Project - First Notice(s) for the compulsory purchase of:  i. Layby and footway to the north of eastern end of Westmount Road ii. Layby and footpath to the east of Overdale Hospital iii. Footpath and public realm between St Aubins Road and Victoria Avenue iv. Driveway, strip of land, bin store, and raised planter at entrance to Hillcrest and Castle View.

Reason for Decision(s):

The Minister for the Environment, and the Assistant Minister for the Environment by virtue of the delegation of the Minister’s functions, is the acquiring authority within the meaning of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961, and Article 119 of the Planning and Building (Jersey) Law 2002. The Assistant Minister is authorised to acquire the following land and resolve rights or covenants as part of the Our Hospital Project following the approval and adoption of P.123/2020 (Our Hospital Site selection: Overdale), P.129/2020 (Our Hospital Project: acquisition of land for the new hospital at Overdale), P.167/2020 (Our Hospital: Preferred Access Route), and P.80/2021 (Our Hospital – Budget, Financing and Land Assembly) by the States Assembly. In view of the decision of the States Assembly to adopt P.80/2021, the acquiring authority needs to specify to the Greffier of the States the notice period for the purpose of Article 4(1) of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961. The acquiring authority can also state the time at which vacant possession of the land will be required. Background information in respect of the requirement to purchase the land can be found in the report to P.80/2021.

Resource Implications: There will be a financial cost to the Government of Jersey that will be determined by the Board of Arbitrators in accordance with Article 119 (4) of the Planning and Building (Jersey) Law 2002 and Article 10 of the Compulsory Purchase of Land (Procedure) (Jersey) Law 1961.

 

Action Required: To instruct the Greffier of the States to serve the first notices for the compulsory purchase of: i. Layby and footway to the north of eastern end of Westmount Road ii. Layby and footpath to the east of Overdale Hospital iii. Footpath and public realm between St Aubins Road and Victoria Avenue iv. Driveway, strip of land, bin store, and raised planter at entrance to Hillcrest and Castle View.

Signature:

 

 

Signed By: Assistant Minister for Environment

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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