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Apartment N° 10, Block F, Les Quennevais Park: Cancellation of Existing 99-Year Lease and Transfer of the Public’s Flying-Freehold Ownership

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

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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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 28 April 2022

Decision Reference:  MD-INF-2022-312

Public

Subject: Apartment N° 10, Block F, Les Quennevais Park – Cancellation of Existing 99-Year Lease and Transfer of the Public’s Flying-Freehold Ownership

 

Report Title: Apartment N° 10, Block F, Les Quennevais Park, – Cancellation of Existing 99-Year Lease and Transfer of the Public’s Flying-Freehold Ownership. PBA 2068-01-010.

Exempt (Article 33(b))

Decision(s):

The Minister for Infrastructure decided to cancel the 99-year lease on Apartment No. 10, Block F, Les Quennevais Park, St. Brelade, as held by the tenant and to transfer to the tenant the flying-freehold ownership of the Apartment for a consideration of £33,000 plus reasonable costs.  The Minister authorised the Attorney General and the Greffier of the States to pass any contract which was required to be passed on behalf of the Public (under Standing Order 168 (5)) and requested the Director of Jersey Property Holdings to conclude any contract which was required to be concluded on behalf of the Public.

Reason for Decision(s):

Apartment No. 10, Block F, Les Quennevais Park, was leased to the tenants in 1965 for a period of 99 years, ending on 25th December 2064.  In 2013, the Public transferred Block F to flying-freehold ownership, but the tenants decided not to avail themselves of the opportunity to acquire the flying-freehold co-ownership interest in the Apartment at that time. One of the tenants passed away in 2020 and the surviving tenant has now decided to sell the Apartment, so has applied to cancel the leasehold interest and to purchase the Public's flying-freehold interest for immediate onward sale to a buyer. A value of £33,000 has been placed on the sale of the Public's flying-freehold interest.

Resource Implications: There are no new financial and/or manpower implications

 

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 before Court or concluded. After the expiry of 15 working days following presentation to the States the transaction may be concluded.   2. The Minister hereby authorised, as applicable:  a. under Standing Order 168 (5) the Attorney General and the Greffier to pass any contract which is required to be passed on behalf of the Public  b. the Director of Jersey Property Holdings to conclude any contract which is required to be concluded on behalf of the Public.

Signature:

 

Signed By: Minister for Infrastructure

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

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