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Fields 80, 84 and 85 Le Champ de Girard, Les Quennevais, La Rue Carree, St. Brelade: Compulsory Purchase

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While there is a presumption toward publication to support of transparency and accountability, detailed information may not be published if, for example, it would constitute a breach of data protection, or disclosure would prejudice commercial interest.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 14 March 2018:

Decision Reference: MD-ESC-2018-0004

Decision Summary Title:

New Les Quennevais School: Compulsory purchase of land

Date of Decision Summary:

14 March 2018

Decision Summary Author:

Chief Operations Officer,

Education Department

Decision Summary:

Public or Exempt?

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

n/a

Written Report

Title:

Consent to acquire the freehold interest in Fields 80, 84, 85 Le Champ de Girard les Quennevais, La Rue Carrée, St Brelade via compulsory purchase (2127-01-001 LS)

Date of Written Report:

05 March 2018

Written Report Author:

Jersey Property Holdings Estates Surveyor

Written Report :

Public or Exempt?

Public

Subject: Acquisition of the freehold interest in Fields 80, 84 and 85 Le Champ de Girard Les Quennevais, St Brelade, by compulsory purchase on behalf of the Public, to enable the construction of a new secondary school on land to the west of Route de Quennevais and south of Rue Carrée.

Decision(s): In accordance with Article 63 of the Education (Jersey) Law 1999, the Education Minister decided to request Jersey Property Holdings to proceed with the use of compulsory purchase powers in accordance with Standing Order 168 (1) (a) to acquire the land in question under the Compulsory Purchase of Land (Procedure)(Jersey) Law, 1961.

 

Reason(s) for Decision: Planning permission for a new secondary school in St Brelade was granted in October 2017. The site was originally in private ownership. Four of the parcels of land have been acquired by the public. The terms of sale were also agreed with the fifth landowner for Fields 80, 84 and 85. However, the vendor has sought to renegotiate all the major terms relating to the acquisition.

 

Fields 80, 84 and 85 are essential if the site is to be used for the school. It cannot be built in their absence. It was therefore concluded, in conjunction with Jersey Property Holdings and with reference to their report sated 05 March 2018 (attached), that it would be necessary for the delivery of the new secondary school to acquire the land using the compulsory purchase mechanism.

 

Resource Implications: There are no resource implications for the Education Department.

 

Action required: For Jersey Property Holdings to prepare a report and proposition for the Minister for Infrastructure to lodge ‘au Greffe’ at the earliest opportunity and take the necessary steps to progress the compulsory purchase as outlined above.

 

Signature:

Position:     Deputy Anne Pryke

                        Assistant Education Minister

Date Signed:  

 

Date of Decision:  14 March 2018

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