States Minutes 7th December 1982

THE STATES assembled on Tuesday, 7th  December,  1982  at  10.15 a.m. under  the  Presidency  of  the   Bailiff , Sir Frank Ereaut.

_____

All members were present with the exception of –

Senator Bernard Thomas Binnington – out of the Island. Senator Jane Patricia Sandeman – ill.

Enid Clare Quenault, Deputy of St. Brelade – ill.

_____

Prayers. _____

States Assembly – photograph.

The   Bailiff  informed  the  House  that  Dr. John   Renouf ,  on behalf of the Education Committee had requested permission to take a colour photograph of the Assembly at its next sitting for display  in  the  Channel  Islands'  section  of  the  Commonwealth Institute Exhibition in London.

THE STATES acceded to the request. Subordinate legislation tabled.

The  following  enactments  were  laid  before  the  States, namely –

1. Amendment  (No. 4)  to the  Tariff of  Harbour  and Light Dues. R & O 7121.
2. Depositors and Investors (Prevention of Fraud) (List of Registered Persons) (Amendment No. 2) (Jersey) Order, 1982. R & O 7123.

331  [ Price : 75p.]

Explosives – code of requirements.

The Defence Committee by Act dated 18th November, 1982, presented to the States amendments to the Explosives – code of requirements, 2nd Edition.

Royal Court Road, St. Helier : Report. P.165/82.

The Public Works Committee by Act dated 18th November, 1982, presented to the States a Report on the Proposition of Deputy Norman Stuart Le Brocq of St. Helier concerning the Royal Court Road, St. Helier .

THE STATES ordered that the said Report be printed and distributed.

Matters noted – land transactions.

THE STATES noted an Act of the Finance and Economics Committee, dated 1st December, 1982, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved –

1. as recommended by the Housing Committee, with the support of the Island Development Committee, the purchase from Mrs. Louisa Guy, née England, of Belford Place, Dicq Road, St. Saviour , for a consideration of £25,000 for the realty on the basis of each party paying its own legal fees;
2. as recommended by the Housing Committee, the sale to Mr. John Bernard Tanguy and Mrs. Patricia Jean Tanguy, née Blondel, of a small area of land measuring approximately 197 square feet, adjacent to their property 8, Clos de Noirmont, St. Brelade , for a consideration of £200, plus legal fees and subject to Mr. and Mrs. Tanguy's constructing a wall on the new boundary to the same height as the wall on the present boundary;
3. as recommended by the Harbours and Airport Committee, the assignment by Commodore Shipping Services Limited to Commodore Shipping Services (1982) Limited of the following leases, with effect from 1st October, 1982 –

1. lease of 803 square feet of land on the new North Quay, Port of St. Helier , which commenced on 1st April, 1979, for a period of twelve months certain, thereafter subject to six months notice on either side, yielding an annual rent of £361.35; and
2. lease of accommodation on the Albert Pier, Port of St. Helier , for a period of nine years with effect from 25th March, 1978, subject to rent review clauses at the third and sixth years of the lease, the present annual rent being £3,341.40;

4. as recommended by the Public Health Committee, the assignment by Mr. Pierre Le Maistre to Mr. Roger Bisson from 31st October, 1982, of the remainder of the six year lease on Catherine Quirke House, 6 Gloucester Street, St. Helier , which lease had commenced on 25th March, 1979 and the annual rent of which, with effect from 25th December, 1982, would be £4,275;
5. as recommended by the Agriculture and Fisheries Committee, the sale to The Jersey Electricity Company Limited of a small area of land at the new Abattoir Site at La Collette, required for the erection of a sub-station, for a consideration of £1.

Matters noted – financial transaction.

THE STATES noted an Act of the Finance and Economics Committee, dated 1st December, 1982, showing that in pursuance of Rule 5 of the Public Finances (General) (Jersey) Rules, 1967, as amended, the Committee had noted that the Housing Committee had accepted the lowest of five tenders, namely that submitted by C.A. Mauger Limited in the sum of £119,716 in a contract period of 35 weeks for the development of Providence Street/Phillips Street, St. Helier .

Matter lodged.

The following subject was lodged "au Greffe" –

Payment of Income Tax by instalments. P.166/82. Presented by Deputy Maurice Clement Buesnel of St. Helier and referred to the Finance and Economics Committee.

Telephone exchange properties. Questions and answers.

Deputy Terence John Le Main of St. Helier asked Deputy Hendricus Adolphus Valdervliet of St. Lawrence , Vice-President of the Housing Committee, the following questions –

"1. Will the President please inform the House on what

date the old East and North telephone exchanges were transferred from the Telecommunications Board to the Housing Committee?

2. Can the President please inform the House why these desirable properties are still empty in view of the desperate housing and commercial property shortage?
3. Will the Housing Committee please report back to this House as soon as possible on whether these properties can be used for housing, or could be transferred to another Committee for other purposes."

The Vice-President replied as follows –

"1. The old East and North telephone exchanges were

purchased by the Housing Committee in June, 1978.

2. The properties are not empty. The flat at each exchange is tenanted, although the exchange areas themselves are vacant.
3. Neither property can be satisfactorily drained and the water supply at the East exchange is contaminated. A 4,000 gallon drainage tank at each exchange would require emptying about every six days and it would take three tankers to empty each tank. The ongoing cost related to the gain of only two dwellings at each exchange suggests that the conversion to dwelling accommodation is not an economic proposition. The Committee would prefer to sell the exchanges and to invest the proceeds in property which would provide dwellings at a more economic price."

Personal statement – President of the Finance and Economics Committee.

Senator Ralph Vibert , in his capacity as President of the Finance and Economics Committee, made a statement explaining in more detail the likely effects of the decision to abolish Schedule A income tax, in order to remove any misunderstandings which might have occurred as the result of the discussion of the matter during the previous sitting of the States.

Airport Letting Nos. B.88A, B.88B and B.112 and grant of easement to Shell (U.K.) Limited.

THE STATES adopting a Proposition of the Harbours and Airport Committee –

1. approved the lease to Shell (U.K.) Limited of Letting Nos. B.88A and B.88B, being 823 square feet of office accommodation and 1,000 square yards of hardstanding respectively, at Jersey Airport, together with Letting No. B.112, being 1,208.33 square yards of land adjacent to the Quennevais Road, St. Brelade , for a further period of 8 years, with effect from 1st January, 1983, at an annual rent of £9,917, representing rates of £4.00 a square foot in respect of the office accommodation and £3.00 a square yard in respect of the hardstanding and the land, subject to rent review clauses at the end of the third and sixth years and a break clause option available to both parties at the end of the sixth year of the lease, together with the granting to Shell U.K. Limited of an easement over land adjoining Letting Nos. B.88B and B.112, being the route of an underground pipeline;

2. authorised the Greffier of the States to sign the necessary agreement;
3. authorised the Treasurer of the States to receive the rent as it became due.

Airport Letting Nos. B.89A, B89B and B.113 to Esso Petroleum Company Limited.

THE STATES, adopting a Proposition of the Harbours and Airport Committee –

1. approved the lease to Esso Petroleum Company Limited of Letting Nos. B.89A and B.89B, being 544 square feet of office accommodation and 1,000 square yards of hardstanding, respectively, at Jersey Airport, together with Letting No. B.113, being 1,096 square yards of land adjacent to the Quennevais Road, St. Brelade , for a further period of 8 years, with effect from 1st January, 1983, at an annual rent of £8,464, representing rates of £4.00 a square foot in respect of the office accommodation and £3.00 a square yard in respect of the hardstanding and the land, subject to rent review clauses at the end of the third and sixth years and break clause options available to both parties at the third and sixth years of the lease;
2. authorised the Greffier of the States to sign the necessary agreement;
3. authorised the Treasurer of the States to receive the rent as it became due.

Lease of warehouse accommodation at the Airport to Channel Islands Services Limited.

THE STATES, adopting a Proposition of the Harbours and Airport Committee –

1. approved the lease to Channel Islands Services Limited, of 2,880 square feet of warehouse accommodation in the Freight Terminal Building at Jersey Airport for a further period of 3 years, with effect from 1st January, 1983, at an annual rent of £6,048, representing £2.10 a square foot;
2. authorised the Greffier of the States to sign the necessary agreement;
3. authorised the Treasurer of the States to receive the rent as it became due.

Café at Le Braye, St. Brelade – renewal of lease.

THE STATES, having rejected the amendment of the Finance and Economics Committee that in paragraph (a) of the Proposition for the figures "£4,600" there should be substituted the figures "£5,000", adopted a Proposition of the Tourism Committee and –

1. approved the renewal of the lease of the café at Le Braye Slipway, St. Brelade , to Mr. Arthur Robert Gibbins and Mrs. Phyllis Gibbins, née Kent, and their heirs and permitted assigns for a further period of three years from 25th December, 1982, at an annual rent of £4,600;
2. authorised the Greffier of the States to sign the necessary lease;
3. authorised the Treasurer of the States to receive the rent as it became due.

Members present voted for the amendment as follows –

"Pour" (18)

Senators

Vibert , Averty, Horsfall.

Connétable s

St. Helier , St. Saviour , St. John , St. Brelade , St. Peter .

Deputies

Mourant(H), Le Gallais(S), Roche(S), Le Quesne(S), Vandervliet(H), St. Peter , Rumboll(H), St. Mary , Beadle(B), Blampied(H).

"Contre" (31)

Senators

Shenton, Jeune , de Carteret, Ellis, Baal, Rothwell.

Connétable s

St. Ouen , St. Clement , St. Mary , Grouville , Trinity , St. Lawrence , St. Martin .

Deputies

St. Ouen , Morel (S), Le Maistre(H), St. John , Perkins(C), Troy (S), Le Brocq(H), Trinity , St. Martin , Filleul(H), Le Main(H), O'Connor(C), Farley(H), Le Fondré(L), Buesnel(H), Grouville , Thorne (B), Wavell(H).

Purchase and rezoning of land at Beau Port.

THE STATES, adopting a Proposition of the Island Development Committee –

1. rescinded their Act of 29th September, 1981, regarding the purchase and rezoning of land at Beau Port, St. Brelade ;

2. approved the purchase by the Island Development Committee on behalf of the public of the Island from –

1. the Honourable Barbara Jacqueline Norman, née Boot, former wife of Willoughby Rollo Norman;
2. the Honourable Jocelyn Mary Gold, née Boot, wife of Michael Gold;
3. the Honourable Margaret Ann MacDonald, née Boot, widow of Somerledd MacDonald; and
4. the Honourable Elizabeth Campbell Parish, née Boot, wife of Michael Woodbine Parish,

of land comprising fields or parts of fields 530, 531, 531A, 532, 533A, 533B, 535, 538, 539, 543, 546, 551A, 575, 577, 578, 579, 580 and 582, St. Brelade shown on Drawing No. 12.120.5 and measuring 77 vergées or thereabouts, for a sum of £80,000, subject to the condition that, should the land be developed within twenty-five years of passing the deed of sale for any purpose other than recreation (development for a recreational purpose including any development in any way consistent with the use of the land as a golf course) or agriculture the States would be liable to pay any difference in value between the present sale price and the value of the land when such development takes place;

3. in pursuance of Article 3 of the Island Planning (Jersey) Law, 1964, rezoned the land shown on Drawing No. 12.120.5 for recreational purposes;
4. authorised the Greffier of the State to sign the said drawing;
5. authorised the Attorney General and the Greffier of the States to pass the necessary contracts in the matter;

6. authorised the Treasurer of the States to debit the total consideration together with legal costs to the Capital Vote of Credit granted to the Committee under the heading "Acquisition of Land – Major Reserve" (Vote No. C.0904).

3/4 St. Clement 's Road, St. Helier – approval of plans.

THE STATES, adopting a Proposition of the Housing Committee –

1. approved Drawings Nos. 102118-11C, 12C, 13B, 14B, 15C, 16, 17, 18 and 19 showing the redevelopment of 3/4 St. Clement 's Road, St. Helier to provide twelve one-bedroomed flats;
2. authorised the Greffier of the State to sign the said Drawings on behalf of the States.

Fields 846 and 847, Fountain Lane, St. Saviour – impounding area.

THE STATES, adopting a Proposition of the Resources Recovery Board –

1. authorised the Resources Recovery Board to enter into a contract with Colonel Charles Nicholas Robin, O.B.E., M.C., to enable the Board to construct and maintain a surface water impounding area on Fields 846 and 847, Fountain Lane, St. Saviour in compensation for which the owner, the said Colonel Robin, would be paid the sum of £5,000;
2. authorised the Attorney General and the Greffier of the States to pass the necessary contract on behalf of the States.

Aircraft Noise Zones.

THE STATES, adopting a Proposition of the Island Development Committee –

1. rescinded the existing Aircraft Noise Zones, including Appendix 1 and Drawing No. AZ.2.02, as approved by Act of the States, dated 19th November, 1969;
2. approved, in pursuance of Article 3 of the Island Planning (Jersey) Law, 1964, revised Aircraft Noise Zones as shown on Drawing No. 1.02.01.82, and Appendix 1(a), as the basis for determining planning and development applications in accordance with those Zones and the said Appendix;
3. authorised the Greffier of the States to sign the said Drawing.

Parish Rate (Administration) (Amendment No. 6) (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Administration) (Amendment No. 6) (Jersey) Law, 1982.

Parish Rate (Jersey) Law, 1982.

THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, adopted a Law entitled the Parish Rate (Jersey) Law, 1982.

Hire Cars (Jersey) Regulations, 1982.

THE STATES, in pursuance of Article 22A of the Hire Cars (Jersey) Law, 1964, as amended, made Regulations entitled the Hire Cars (Jersey) Regulations, 1982.

THE STATES rose at 3.40 p.m.

R.S. GRAY, Deputy Greffier of the States.