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A decision made (14/09/2006) regarding Kew Gardens, Grands Vaux, St. Helier - Sale of land to Frogmore Holdings Limited.

Subject:	Kew Gardens, Grands Vaux, St Helier – Sale of Land to Frogmore Holdings Limited
Decision Reference:	MD-PH-2006-0079	Exempt clause(s):		None
Type of Report: (oral or written)	N/A	Person Giving Report (if oral):		N/A
Telephone or e-mail Meeting?	N/A	Report File ref:		AV 11/972
Written Report – Title	Kew Gardens, Grands Vaux, St Helier – Sale of Land to Frogmore Holdings Limited	Written report - author		A Vibert
Decision(s): As recommended by Property Holdings:- 1. The sale by the Public of 7.6 square feet of land to the west of Kew Gardens to Frogmore Holdings Limited for a nominal consideration of £10 and to ratify the new boundary. 2. Under Standing Order 168 (1) (a) and 168 (3) the Treasury and Resources 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 Greffier to pass any contract which is required to be passed on behalf of the public. After the expiry of 15 days following the presentation to the States the sale 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: Director of Property Holdings to request the Greffier of the States to notify the States of the above decision. Greffier of the States to notify Property Holdings (Paul Tucker) and the Law Officers’ Department (Lee Howard) of the date when the States have been notified.
Signature: (Assistant Minister)[1] Deputy J Le Fondré			Date of Decision: MD-PH-2006-0079

Kew Gardens, St. Helier - Sale of land - part of.

TREASURY AND RESOURCES DEPARTMENT

PROPERTY HOLDINGS

Property Transaction for Ministerial Decision - Minister for Treasury and Resources

Kew Gardens , Grands Vaux, St Helier – Sale of Land to Frogmore Holdings Limited

AV 11/972

Purpose

To request the Minister for Treasury and Resources to approve the sale of land to Frogmore Holdings Limited and ratify the new boundary.

Background

The Public was approached by Frogmore Holdings Limited in relation to the redevelopment of its site (formerly Laurent Garage), which is situated adjacent to Kew Gardens, owned by the Public. Frogmore Holdings Limited requested consent to construct the new development up to the centre line of the party wall.

It was agreed between both parties for Professional Hi-Tech Services to survey the site before the redevelopment commenced, in order that the location of the wall could be recorded. Professional Hi-Tech Services would then re-survey the new wall on completion, to confirm that it has been constructed in the correct location.

On completion, the wall was re-surveyed and although the southern end of the new wall was constructed in the correct location, at the northern end the new wall has encroached 150mm onto Public property (approximately 7.6sq ft). It is therefore proposed that the Public cede the small area of land to Frogmore Holdings Limited and ratify the new boundary.

Current Situation

Terms and conditions have been agreed between the Public of the Island and Frogmore Holdings Limited as follows:

1) The Public of the Island shall cede an area of land measuring approximately 7.6 sq ft upon which the new development has been constructed, to Frogmore Holdings Limited for a nominal consideration of £10.

2) Frogmore Holdings Limited’s new development shall be wholly to the west of the new boundary, apart from the foundations thereof which are permitted to extend beyond the boundary line in this area and beneath the Public Property. Beyond this point, extending along the boundary in a southerly direction, the original party wall status of the boundary shall be retained.

3) That rights of access for repair and maintenance be granted to Frogmore Holdings Limited and their successors in title, subject to standard terms and conditions. In the event there is a need to enter upon Public land to undertake such repairs and maintenance by workman, scaffolding etc. a minimum period of two weeks written notice shall be provided.

4) No doors, windows or service penetrations will be constructed in the gable wall adjoining Kew Gardens. The capping to the head of the gable wall of the front block which encroaches onto Public land shall be permitted to remain, but will be removed at nil cost to the Public in the event the Public build up to the said gable wall. In the event of the Public making use of the proposed right to join against the development, then the Public should take the necessary precautions to ensure the adjoining development be left in a wind and watertight condition.

5) The Public shall retain an unfettered right to build up to Frogmore Holdings Limited’s gable wall.

6) The reasonable professional fees of the Public including the cost incurred by the Law Officers’ Department, Property Services fees of £350 and Professional Hi-Tech Services Limited will be met by Frogmore Holdings Limited.

7) As they are no longer relevant, the existing contractual drainage rights concerning 2 Kew Villas and in favour of the Public as owner of Kew Gardens be cancelled.

Recommendation

It is recommended that the Public approve the sale of land to Frogmore Holdings Limited and ratify the new boundary.

Written By: Amy Vibert

Signature …………………………

Authorised By: Eric Le Ruez

Signature ………………………… 5 September 2006