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STATES MINUTES 3 rd M ar c h 1992
T HE STATES assembled on Tuesday, 3 rd March 1992 at 9.30 a.m. under
t h e Presidency of the Bailiff ,
S i r P eter Crill, C.B.E.
_ _ _ _ _ _ ______
All Members were present with the exception of -
I ris Medora Le Feuvre, Connétable of St.
L awrence - out of the Island.
L eonard Picot, Connétable of Trinity - ill. M argaret Sylvia Rose Beadle, Deputy of St. B relade - out of the Island.
G raeme Ernest Rabet, Deputy of St. Helier - i ll.
A lan Payn Bree, Deputy of Grouville - out
o f the Island.
_ _ _ _ _ _ ______
P r a y e rs
_ _ _ _ _ _ ______
Richard Winter Le Sauteur, Connétable of Grouville
The President of the Assembly referred to the impending retirement of the Connétable of Grouville and thanked him for his services to the Assembly.
Subordinate legislation tabled
The following enactments were laid before the States, namely -
1 . Public Services (Conditions of
F i tn ess) (Amendment No. 2) (Jersey) O rd er 1992. R & O 8342.
2 . Motor Vehicles (Construction and U se ) (Amendment No. 26) (Jersey) Order 1 9 92. R & O 8343.
3 . Broadcasting (Interest in
L i c ensed Services) (Jersey) Order 1992. R & O 8344.
Public Lotteries: report for 1991. R.C.6
The Gambling Control Committee by Act dated 28th February 1992, presented to the States a report
on Public Lotteries promoted and conducted
during 1991.
THE STATES ordered that the said report be printed and distributed.
Broadcasting Committee: report for 1991. R.C.7
The Broadcasting Committee by Act, dated 27th February 1992, presented to the States its
report for the period 1st January 1991 to 29th February 1992.
THE STATES ordered that the said report be printed and distributed.
Matters noted - financial transactions
THE STATES noted an Act of the Finance and Economics Committee dated 24th February 1992, showing that in pursuance of Standing Orders relating to certain transactions in land, the Committee had approved -
( a) as recommended by the Public
S e r vices Committee, the renewal of the l e as e to the Sea Cadet Corps Jersey
U n it No. 447 of Lewis Tower, St. Ouen, f o r a period of nine years commencing
1 s t December 1991, at a total rent of
£5 0 ;
( b) as recommended by the Public
S e r vices Committee, the granting to the J e rs ey Electricity Company Limited of a c o n tract wayleave at Lewis Tower, St.
O u en, free of charge, with each side
b e in g responsible for its own legal
f e es ;
( c) as recommended by the Public
S e rvices Committee, the purchase from
A n tler Property (C.I.) Limited of 61
s q u are feet of land at Bay View, La
G ra nde Route des Sablons, Grouville ,
f o r the sum of £122, with the Committee b e in g responsible for all legal fees
a n d the cost of certain accommodation w o rks;
( d) as recommended by the Public
S e r vices Committee, the purchase from M r s. Freda May Evans, née Sheldon, of 1 4 28 square feet of land in Field 928,
S t . John, for the sum of £1,428, with
t h e Committee being responsible for all l e ga l fees and for the cost of any
a c c ommodation works required;
( e) as recommended by the Public
S e r vices Committee, the acquisition
f ro m Mrs. Patricia Jacqueline Foott,
n é e Emblem, Mrs. Marguerite Rosalie
M o ores, née Boustouler and Mr. Patrick F a r rington, of 140 square feet of land
a t t he property Ker Maria, La Route
O ra nge, St. Brelade, free of charge,
w it h the Committee being responsible
f o r all legal fees and the cost of any
a c c ommodation works required;
( f) as recommended by the Public
S e r vices Committee, the purchase from
M r . Donald Syvret Le Ruez of 178 square f e et of land in Field 458, St. Peter ,
r e q uired for road improvement, for a
c o n sideration of £178 with the
C o m mittee being responsible for all
l e ga l fees and the cost of any
a c c ommodation works required;
( g) as recommended by the Public
S e r vices Committee, the purchase from M r . Piers Bois of 300 square feet of
l a nd in Field 459, St. Peter, required
f o r road improvement, for a
c o n sideration of £300 with the
C o m mittee being responsible for all
l e ga l fees and the cost of any
a c c ommodation works required;
( h) the lease from Miss Josephine Dorothy H am on of a fully-furnished one-
b e d roomed flat at Newlands, La Haule H il l, St. Brelade , for a period of
t h re e years commencing 1st April 1992 a t a n annual rent of £6,760 plus an
i n cr ease calculated in line with the
r is e in the Cost of Living between
M a rch 1990 and December 1991, plus a
f u rt her Cost of Living increase for the
p e r iod between December 1991 and March 1 9 9 2 and further annual Cost of Living
i n cr eases in March 1993 and March 1994, f o r occupation by an essential
e m p loyee;
( i) as recommended by the Tourism
C o m mittee, the lease of the following
f o r a period of three years from 24th
D ec ember 1991, with rents in 1993 and 1 9 9 4 to be increased to reflect market
c o n ditions -
( 1 ) the Old Station Café, Millbrook,
to M r . Dominico Ammirati and Mrs. Je a n A mmirati, née Waddington at a re n t o f £3,000 for 1992;
( 2 ) First Tower Kiosk, St. Helier to M r s . P atricia Friel, née Thomas at a r e n t of £4,300 for 1992;
( 3 ) Café Casino, Grève de Lecq to M r . C h arles Wagner at a rent of
£3 ,0 0 0 for 1992;
( 4 ) Driftwood Café, Archirondel, to M r . B e rtrand Pilz and Mrs. Jill
P il z , n ée Mackie at a rent of
£5 ,5 0 0 for 1992;
( 5 ) Colleen's Café, Grève de Lecq
to A d v ocate David Fisher Le Quesne
o n a t emporary basis in his
ca p a c i ty as the executor to the
W i l l o f the previous leaseholder
M r s . B ridget Carré, at a rent of
£3 ,0 0 0 for 1992.
Matters lodged
The following subjects were lodged au Greffe'' -
1 . Draft Pilotage (General
P r o visions) (Amendment No. 4) (Jersey) R e g ulations 199 . P.25/92.
P r e sented by the Harbours and
A ir port Committee.
2 . Channel Islands Air Search: g rant for replacement aircraft.
P . 2 6/92.
P r e sented by the Finance and E c o nomics Committee.
3 . Draft Building Loans (Amendment N o . 11) (Jersey) Law 199 . P.27/92. P r e sented by the Housing
C o m mittee.
4 . Draft Petroleum-Spirit (Control)
( J er sey) Regulations 199 . P.28/92. P r e sented by the Defence
C o m mittee.
5 . Draft Licensing (No. 5) (Jersey)
R e g ulations 199 . P.24/92): amendment. P . 2 9/92.
P r e sented by the Tourism
C o m mittee.
The following subjects were lodged on 25th February 1992 -
1 . Housing: Strategy for the 90's: s u p plementary report. P.23/92. P r e sented by the Housing
C o m mittee.
2 . Draft Licensing (No. 5) (Jersey) R e g ulations 199 . P.24/92.
P r e sented by the Tourism
C o m mittee.
Housing: strategy for the 90's. P.142/91. Withdrawn
THE STATES noted that the President of the Housing Committee had withdrawn the proposition regarding a housing strategy for the 90's
(lodged on 17th September 1991 and partially debated on 26th November 1991), the Committee having presented a revised proposition
(P.23/92).
Draft Policing of Parks (Amendment No. 8) (Jersey) Regulations 199 . P.15/92
THE STATES acceded to the request of the President of the Public Services Committee that consideration of the draft Policing of Parks (Amendment No. 8) (Jersey) Regulations 199 . (Lodged on 18th February 1992) be deferred from the present Sitting.
Draft Policing of Beaches (Amendment No. 8) Regulations 199 . P.16/92
THE STATES acceded to the request of the President of the Tourism Committee that consideration of the draft Policing of Beaches (Amendment No. 8) (Jersey) Regulations 199 . (Lodged on 18th February 1992) be deferred from the present Sitting.
Projet de Loi (199 ) (Amendement No. 4) sur l'Instruction Primaire. P.18/92
THE STATES acceded to the request of the Vice- President of the Education Committee that consideration of the Projet de Loi (199 ) (Amendement No. 4) sur l'Instruction Primaire (lodged on 18th February 1992) be deferred from the present Sitting.
Island Plan: continued support P.20/92. Withdrawn
THE STATES noted that Stuart Syvret, Deputy of St. Helier had withdrawn his proposition asking the States to confirm their continued support
for the Island Plan (lodged on 18th February 1992).
Arrangement of Public Business for the next Sitting on 17th March 1992
THE STATES confirmed that the following subjects lodged au Greffe should be considered at the
next Sitting on 17th March 1992 -
D raft Licensing (No. 5) (Jersey) R egulations 199 . P.24/92.
L odged: 25th February 1992.
T ourism Committee.
D raft Licensing (No. 5) (Jersey)
R egulations 199 . (P.24/92): amendment. P .29/92.
L odged: 3rd March 1992.
T ourism Committee.
D raft Pilotage (General Provisions)
( Amendment No. 4) (Jersey) Regulations 1 99 . P.25/92.
H arbours and Airport Committee. C hannel Islands Air Search: grant for r eplacement aircraft. P.26/92.
F inance and Economics Committee.
D raft Building Loans (Amendment N o. 11) (Jersey) Law 199 . P.27/92. H ousing Committee.
D raft Petroleum-Spirit (Control)
( Jersey) Regulations 199 . P.28/92. D efence Committee.
Field 748, St. Lawrence. Questions and answers (Tape No. 126)
Deputy Shirley Margaret Baudains of St. Helier asked the Connétable of St. John, President of
the Island Development Committee, the following questions -
1 . Will the President explain why the
d e c ision of his Committee to allow
d e v elopment on Field 748, La Rue de la V il le Emphrie, St. Lawrence, was made k n o wn to the press before being
c o m municated to the Review Board and t h e complainants?
2 . Will the President give the House
d e ta ils of any other developments for
w h ich permission has been granted since 1 9 8 7 on sites within a radius of half a
m il e of Field 748, with particular
r e fe rence to sites in the sensitive
l a nd scape area of the agricultural
p r io rity zone, and will he indicate the
e x te nt of the development in each
c a s e?''
The President of the Island Development Committee replied as follows -
1. T he Committee visited Field 748,
L a R u e de la Ville Emphrie, St.
L a w r e nce, on 20th February 1992.
T h is v isit was made in order to
ex a m in e the findings of the Review B o a rd on site and in order to
re s p o n d to their request to
co n s i d er granting permission for
d ev e l o pment within four weeks from th e i r le tter of 4th February 1992.
T h e Committee duly determined what
c o u rse of action they intended to
f o ll ow on site and in due course a
l e tt er left the Island Development
C o m mittee addressed to the States
G re ffe on 24th February informing them
o f t he decision of the Committee.
O n the evening of 20th February, the
J e rs ey Evening Post contacted me to
a s c ertain what decision the Committee
h a d reached. The findings of the Review B o a rd had recommended to the Committee t h at they -
C o n s i der granting permission for an a p p ropriate degree of housing d ev e l o pment to take place on this si te . '
I n this instance, because as far as
t h e owner of the site was concerned the n e w s was very much of a positive
n a tu re, I informed the press that the
C o m mittee were prepared to grant
a p p roval for a single house. I would
h a v e made no comment at all if
C o m mittee had considered that no
d e v elopment was favoured.
I a p ologise if any offence was caused i n c onnexion with the release of this
n e w s, I can assure the House that none w as intended, and it was merely my
d e s ire to set the owners mind at rest
t h at encouraged me to release the
i n fo rmation to the press.
2 . In relation to the second part of
t h e Deputy 's question, I understand
t h at she is particularly interested in
n e w residential development and have t h er efore confined my research to new h o u ses which were granted consent
w it hin the Sensitive Landscape Area of t h e Agricultural Priority Zone since
1 9 8 7.
T h e Island Development Committee
g r a nted consent for four houses within F i e ld 750 in 1990. The site measured
1 3 0 7 square metres and was the subject
o f a proposition to the States for
r e zo ning for Category A purpose in
1 9 8 9. The States supported the
p r o position.
T h e Island Development Committee
g r a nted consent for three houses to
r e p lace an existing house at Norwood in 1 9 9 1. The site measured 1,105 square m et res and the support of the States
w as sought by the Island Development C o m mittee in the same year for this
s c h eme. This particular site lay within
t h e Green Zone but I include it for
i n fo rmation. The States supported the
p r o position.
I n 1 991, the Island Development
C o m mittee also granted consent for new h o u sing development by the Parish of
S t . Lawrence on the playing field at
t h e rear of St. Lawrence Arsenal. The
s it e measured 3,100 square metres and c o n sent was granted for eight flats and
f o u r houses. The site lay within the
c o n fines of the Village Settlement Area a l th ough it is identified in the Island
P l a n as also within the Sensitive
L a n dscape Area of the Agricultural
P r io rity Zone.
T h e Island Development Committee
g r a nted consent in 1983 for the
co n struction of six houses in Field
7 4 9 . The site measured 1969 square
m et res and was the subject of a
p r o position to the States for rezoning
i n 1 983. The States supported the
p r o position. The pace of development on t h is site has been sporadic. There has
t h er efore been some houses approved
s in c e 1987 within this site but all
w it hin the scope and limit of the
o r ig inal approval.''
Long Beach and Puerto Seco, La Rue à Don, Grouville . Statement
The President of the Island Development Committee made a statement in the following terms -
Two weeks ago my Committee decided to r espond to the views expressed by Members d uring the debate on the Long Beach
d evelopment and during the viewing of the
m odel in the Old Library. My Committee
b elieves that it has correctly judged the
v iews of Members by deciding to require the a pplicant to reduce the maximum height of
t he buildings to 30 feet.
T he Committee's officers have
i nformally discussed with the owner the
b est way to achieve this height reduction
a nd the proposals were considered in detail b y my Committee last Thursday which
a pproved the outline scheme.
I t is clear, however, following meetings
b etween the owner's lawyer, the Attorney
G eneral and officers of my Committee, that
t his change can only be achieved by
m odifying the development permission under t he procedure set out in Article 7 of the
I sland Planning (Jersey) Law 1964. My
C ommittee has decided to put this into
e ffect and will be serving formal Notice on
t he owner as soon as possible.
M y Committee's modification of the
d evelopment permission has been designed to a chieve the reduction in height in a manner
w hich maintains an appropriate design and
a t the same time to minimise the
c ompensation which may be claimed.
O nce the Notice of modification has been
s erved the Law allows the owner of the site
o ne month to submit a claim for
c ompensation. He will have to prove loss
a nd expenses and the Law also provides for a rbitration in default of agreement. The
A ttorney General has advised my Committee t hat the owner is under an obligation to
m inimise any loss and expenses.
O nce the notice of modification has been
s erved this matter will be handled by the A ttorney General as my Committee's legal a dviser and no further public comment will b e made by my Committee until the issues h ave been resolved.
T his case has highlighted a limitation in
o ur procedures under the Island Planning
( Jersey) Law 1964. Both the United Kingdom a nd Guernsey's planning procedures provide f or planning enquiries on major and
c ontroversial schemes. In my Committee's
v iew such enquiries do provide for a wider
p ublic communication than our process of
r epresentations.
T he production of a model for public v iewing in this case has also been very u seful and demonstrates its potential b enefit for the future.
W e have, therefore, decided that as part of
o ur review of the Island's Planning Law
w hich is now being carried out by a local a dvocate, we will examine opportunities to i mprove and encourage public consultation
o n major developments, at an early stage.
I will report back to the House within the n ext few months with my Committee's
p roposals, with a view to our including
t hem in a draft Law, which will, of course, u ltimately require States' approval.''
Greffier of the States: appointment
THE STATES, adopting a proposition of the Establishment Committee and in accordance with the provisions of Article 2(5) of the
Departments of the Judiciary and the Legislature (Jersey) Law 1965, consented to the appointment of Geoffrey Henry Charles Coppock, Esquire, at present the Law Draftsman, to the office of Greffier of the States, with effect from 1st
June 1992.
Amendment (No. 14) to the Tariff of Harbour and Light Dues
THE STATES, in pursuance of Article 6 of the Harbour and Light Dues (Jersey) Law 1947 as amended, approved Amendment (No. 14) to the Tariff of Harbour and Light Dues.
Administrative Decisions (Review) (Panel of Members) (Jersey) Act 1992. P.12/92
THE STATES, in pursuance of Article 5 of the Administrative Decisions (Review) (Jersey) Law 1982 adopted an Act entitled the Administrative Decisions (Review) (Panel of Members) (Jersey) Act 1992.
Drug Trafficking (Designated Countries and Territories) (Amendment) (Jersey) Regulations 1992. P.13/92
THE STATES, in pursuance of Article 18 of the Drug Trafficking Offences (Jersey) Law 1988 made Regulations entitled the Drug Trafficking (Designated Countries and Territories) (Amendment) (Jersey) Regulations 1992.
Grouville Hospital site, Grouville : approval of drawings. P.14/92
THE STATES, adopting a proposition of the Housing Committee -
( a) approved Drawings Nos. 3724/04B, 05, 0 6 , 07B, 08C, 09, 10, 11, 12A and
1 1 1 3/04, showing the development of the G ro uville Hospital site to provide six
t h re e-bedroomed houses, six two-
b e d roomed bungalows and eight two-
b e d roomed flats;
( b) authorised the Greffier of the States t o s ign the said drawings on behalf of t h e States.
Le Parcq de la Belle Fontaine, St. Martin: lease. P.17/92
THE STATES, adopting a proposition of the Housing Committee -
( i) approved the lease from the Crown to t h e Housing Committee for a period of 9 9 years of Le Parcq de la Belle
F o n taine, St. Martin, at a ground rent
o f £ 10,000 a year, subject to review in
a c c ordance with the prevailing market r e n tals every five years;
( ii) a pproved Drawings Nos. 89-441/37- 4 2 s h o wing the redevelopment of Le P a rc q de la Belle Fontaine to
p ro v i d e two two-bedroomed and
th r e e t hree-bedroomed houses;
( iii) authorised the Greffier of the
S ta t e s to sign the said Drawings
o n b e h alf of the States;
( iv) a uthorised the Solicitor General an d t h e Greffier of the States to
p as s th e necessary contracts.
Terms of Employment Officer: appointment. P.19/92
THE STATES, adopting a proposition of the Industrial Relations Committee and in accordance with Regulation 6(1) of the Terms of Employment
(Jersey) Regulation 1992 -
( a) appointed Mr. Kenneth William Syvret as T e r ms of Employment Officer for a
p e r iod of three years commencing 1st
A p ril 1992;
( b) appointed Advocate David Eldon Le Cornu a s D eputy Terms of Employment Officer
f o r a period of three years commencing
1 s t April 1992.
Policing of Roads (Amendment No. 3) (Jersey) Regulations 1992. P.22/92
THE STATES, in exercise of the powers conferred upon them by the Order in Council of the twenty- sixth day of December 1851, Article 49 of the Road Traffic (Jersey) Law 1956 as amended, and the Policing of Roads, Parks and Sea Beaches (Application of Fines) (Jersey) Law 1957 as amended, made Regulations entitled the Policing of Roads (Amendment No. 3) (Jersey) Regulation 1992.
THE STATES rose at 10.40 a.m.
C .M . N E W C O MBE D e p u ty Greffier of the States.