Field 649, La Rue du Presbytere, St Peter

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A decision made (05/04/2007) regarding: Field 649, La Rue du Presbytere, St. Peter - Proposed Lease.

Subject:	Field 649, La Rue du Presbytere, St Peter – Proposed Lease
Decision Reference:	MD-PH-2007-0029	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:		AV 107
Written Report – Title	Field 649, La Rue du Presbytere, St Peter – Proposed Lease	Written report - author		Amy Vibert
Decision(s): 1. The Minister approved, as recommended by Property Holdings, for the Public of the Island to enter into an agreement with Mr Michael Vernon Balleine and Mrs Margaret May Balleine née Le Cornu, represented by her Curator Mrs Jane Louise Renouf née Balleine to lease Field 649, La Rue du Presbytere, St Peter. The lease shall be for a period of 25 years, with effect from the date the lease is passed before the Royal Court at an initial rental of £1,004.31 per annum. The rent shall be subject to annual JRPI increases to a maximum of 5% per annum, together with upward/downward reviews to market rental value of comparable agricultural land every five years, although such rental to be no lower than at the beginning of the preceding five year period. The Public has agreed to pay the Lessors legal costs in relation to drafting the proposed lease. 2. Under Standing Order 168 (1) (a) and 168 (3) the Minister hereby notifies the States that he has accepted the recommendation of Property Holdings to agree to the above land transaction. 3. Under Standing Order 168 (5) the Minister hereby authorises the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public. 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-2007-0029 5 April 2007

Field 649, La Rue du Presbytere, St Peter – Proposed Lease.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Field 649, La Rue du Presbytere, St Peter – Proposed Lease

AV 5/107/6 & JN 155

Background

Field 649 which is adjacent to St Peter’s Primary School, has been identified as being suitable for the provision of additional playing field facilities for the school.

The landowner is Mr Michael Vernon Balleine, however, Mrs Margaret May Balleine née Le Cornu has a usufructory interest in the field (the reversionary interest of which is owned by Mr Michael Vernon Balleine). Mrs Balleine is the subject of a curatorship and her daughter Mrs Jane Louise Renouf née Balleine was appointed Curator on 19 July 2002.

As Curator, Mrs Jane Louise Renouf is responsible for looking after the affairs of her mother, however, Article 50(17) of the Mental Health (Jersey) Law 1969, provides that a Curator cannot authorise the disposition or dealing with any property, without applying to the Royal Court for consent to the action proposed. In this instance, the purpose of the application is to enable Jurats to consider the proposed agreement and determine whether it is in Mrs Margaret Balleine’s best interests for the lease to be entered into on her behalf.

Planning permission was obtained on 19 December 2003 in relation to the change of use of the field from agricultural field to sports/recreation field and consent has also been obtained in accordance with the Agricultural Land (Control of Sales and Leases) (Jersey) Law, 1974.

Current Situation

Terms and conditions have been agreed between the Public of the Island, Mr Michael Vernon Balleine and Mrs Margaret May Balleine née Le Cornu, represented by her Curator Mrs Jane Louise Renouf née Balleine regarding a lease by the Public of Field 649, La Rue du Presbytere, St Peter (measuring approximately 5½ vergées), for use as a playing field and recreational area in conjunction with St Peter’s Primary School and associated purposes. This is subject to the agreement of the Jurats as outlined above.

The lease shall be for a period of 25 years, with effect from the date when the lease is passed before the Royal Court at an initial rental of £1,004.31 per annum. This rental figure is based on an amount of £900 per annum which was agreed upon the granting of the change of use consent by the Planning Department and has been reviewed on an annual basis since then, in accordance with the Jersey Retail Price Index. The rent shall be subject to annual JRPI increases to a maximum of 5% per annum, together with upward/downward reviews to market rental value of comparable agricultural land every five years, although such rental to be no lower than at the beginning of the preceding five year period.

The Public will undertake the conversion works of the field at its own expense and also erect boundary fencing to an agreed specification to the south eastern boundary towards La Rue du Presbytere.

In the event of the Field being offered for sale at any time during the term of the lease, the Landlord will grant to the Tenant a first option to purchase the Field at its then market value based upon its zoning status under the Island Plan at that time.

The Public has agreed to pay the Lessors legal costs in relation to drafting the proposed lease.

Recommendation

It is recommended that the Public enter into a lease on the terms and conditions outlined above in relation to Field 649, La Rue du Presbytere, St Peter.

Written By: Amy Vibert

Signature …………………………

Authorised By: Eric Le Ruez

Signature ………………………… 2 April 2007