States Minutes 1st August 2001

THE STATES assembled on Wednesday, 1st August 2001 at 9.30 a.m. under

the Presidency of Senator P.F. Horsfall O.B.E.

All members were present with the exception of -

S e nator Frank Harris on Walker - out of the Island

K e nneth Priaulx Vibert , Connétable of St. Ouen - excused

F r ancis Gerald Voisin, Deputy of St.  Lawrence - out of the Island J e nnifer-Anne Bridge, Deputy of St.  Helier - excused

Prayers

Draft Motor Traffic (No. 7) (Jersey) Regulations 200- P.105/2001

THE STATES, in pursuance of the powers conferred on them by the Order in Council of the twenty-sixth day of December 1851, and by Article 54A of the Motor Traffic (Jersey) Law 1935, as amended, made Regulations entitled the Motor Traffic (No.  7) (Jersey) Regulations 2001.

Field 1114, La Grande Route de St.  Jean, St.  Helier: sale of organically grown food- P.192/2000 P.192/2000: report

Senator Nigel Lewis Quérée, having declared an interest in the subject matter of the proposition, withdrew from the Chamber prior to the debate.

THE STATES, adopting a proposition of Senator Paul Vincent Francis Le Claire -

e x p re ssed their support for the grant of permission by the Planning and Environment Committee for the

construction of an entrance into Field  1114, La Grande Route de St.  Jean, St.  Helier, which is situated i the Agricultural Priority Zone, and the construction of a shed for the purpose of selling organically grown food to the general public.

Members present voted as follows -

"Pour" (38)

Senators

Le Maistre, Stein, Bailhache , Syvret, Norman, Kinnard, Le Sueur, Le Claire, Lakeman.

Connétable s

Grouville , St. Helier , St. Martin, St. Clement, St. Brelade, St. Lawrence, St. Mary, St. John, St. Peter . Deputies

St.  Mary, S.  Baudains(H), Routier(H), Breckon(S), Grouville , Huet(H), St. Martin, St. John, Le Main(H) Vibert (B), St.  Peter, Dubras(L), G.  Baudains(C), Dorey(H), Troy (B), Scott Warr en(S), Farnham (S), L Hérissier(S), Ozouf (H), Martin(H).

"Contre" (6)

Connétable s

St. Saviour .

Deputies

H.  Baudains(C), Duhamel(S), Layzell(B), Crowcroft (H), Fox(H).

Trinity House, Bath Street, St. Helier: lease of office accommodation for the Employment Tribunal - P.106/2001

P.106/2001: comments

THE STATES, adopting a proposition of the Employment and Social Security Committee -

(a ) approved the leasing by the public of 1,200 square feet of second floor office space from Alanrod

Investments Limited at Trinity House, Bath Street, St.  Helier, for the purpose of accommodating the Employment Tribunal and Race Relations Office, for a period of eight years and five months, commencing on 1st August 2001, with the option for the lessee to terminate the lease on 1st January 2007, having given one year's notice in writing, at an initial annual rental of £21,600, to be reviewed in the third and sixth years to open market value, and a proportion of the service charge for the communal areas, insurance, repair and maintenance of the property and of the management costs, with each party being responsible for its own legal fees in relation to this transaction;

(b ) a uthorised the Greffier of the States to sign the lease on behalf of the public; and (c ) a uthorised the Treasurer of the States to pay the rent as it became due.

Financial assistance for the cost of ophthalmic and dental care for persons aged over 65: revisions to proposed scheme - P.107/2001

P.107/2001: comments (re-issue)

Senator Christopher Gerard Pellow Lakeman, having declared a direct pecuniary interest in the subject matter of the proposition, withdrew from the Chamber prior to the debate.

THE STATES, adopting a proposition of the Employment and Social Security -

r ef e r red to their Act dated 24th April 2001 in which they approved the establishment of a scheme to

subsidise the cost of ophthalmic and dental care to certain persons over the age of 65  years and agreed that the Employment and Social Security Committee should administer the scheme on behalf of the States for a trial period of one year; and agreed to vary their decision as follows -

t h a t the  scheme be  operated  for an initial period of two years, and  that  the Committee be

authorised to conclude an agreement with an appropriate organisation to operate the scheme on behalf of the Committee.

50 La Colomberie and 1 Little Green Street, St.  Helier: conditions of sale- P.110/2001

THE STATES adopted a proposition of Senator Christopher Gerard Pellow Lakeman that strangers do withdraw and, in accordance with Standing Order  46(2), the President ordered the withdrawal of strangers in order that the

conditions of sale of 50 La Colomberie and 1 Little Green Street, St. Helier be debated in camera. THE STATES, adopting a proposition of the Public Services Committee -

re f e rr ed to their Act dated 11th July 1995, in which they approved the sale of an area of land situated at

the south-west junction of La Colomberie and Little Green Street, St. Helier to Mr. Andreas Sophianou and to their Act of 11th May 1999, in which they agreed to enter into a contract or deed of arrangement with Mr. Sophianou, modifying the relevant condition contained within the contract of sale by the Public dated 24th May 1996, in order to extend by one year the original three-year period within which Mr. Sophianou was contractually bound to develop the land, and agreed -

(a ) to enter into a contract or deed of arrangement with Mr.  Andreas Sophianou, modifying the relevant

condition contained within the deed of sale by the Public to Mr.  Sophianou (completed on 24th May 1996) as amended by a deed of arrangement dated 10th September 1999, of land at the junction of La Colomberie and Green Street, St.  Helier, in order to allow Mr.  Sophianou an extended period o one year from the date of the deed of arrangement or six months from the date of the issue of a licence  in  respect  of  the development  under  the Regulation of Undertakings  and  Development (Jersey) Law 1973, as amended, whichever is the later, in which to commence to develop the land;

(b ) t hat the modification of the contract or deed of arrangement should specify the following -

( i) t h a t Mr.  Sophianou shall apply forthwith for permission under the Island Planning (Jersey) Law

1964, as amended, to develop the land and, if such permission is granted, will apply forthwith for permission under the Regulation of Undertakings and Development (Jersey) Law 1973, as amended, to develop the land, and will commence the development of the land within six months of the date of issue of the latter permission;

( ii ) t h a t Mr.  Sophianou be permitted to sell the development to a third party for such sum as may be

agreed between them, notwithstanding that the said contract of sale dated 24th May 1996, as amended by the deed of arrangement dated 10th September 1999, bound Mr.  Sophianou -

( A ) t o d e v el o p the land before 24th May 2000, (being four years after the date of sale by the

Public) and he has not done so;

( B ) n o t t o s e ll or alienate in any manner whatsoever the whole or any part of the land within five

years of the date of sale;

a n d th a t t h e P u blic will not avail itself of the right conferred on it by the contract of sale of 24th

May 1996, as amended by the deed of arrangement of 10th September 1999, to buy back the land by reason of Mr.  Sophianou's failure to develop it before 24th May 2000;

( ii i)   th a t the Public shall be entitled to purchase the land from Mr.  Sophianou or any successor in title

of Mr.  Sophianou for the sum of£35,000, in the event that Mr.  Sophianou, or any successor in title, fails to comply with all or any of the conditions set out in sub-paragraph  (b)(i) above, and in such circumstances Mr.  Sophianou, or any successor in title, shall pay all reasonable legal fees incurred by the Public in exercising this option;

(c ) that Mr.  Sophianou will pay all reasonable legal fees incurred by the Public in connection with the

transaction; and

(d ) a uthorised the Attorney General and the Greffier of the States to pass the necessary contract on behalf

of the Public.

Members present voted as follows -

"Pour" (38)

Senators

Stein, Bailhache , Syvret, Kinnard, Le Sueur, Le Claire, Lakeman.

Connétable s

Grouville , St. Helier , St. Saviour , St. Clement, St.  Brelade, St. Lawrence, St. Mary, St. John, St. Peter . Deputies

H.  Baudains(C), St. Mary, Duhamel(S), Routier(H), Layzell(B), Breckon(S), Huet(H), St. Martin, L Main(H), Crowcroft (H), Vibert (B), St. Peter, Dubras(L), G. Baudains(C), Dorey(H), Troy (B), Scot Warr en(S), Farnham (S), Le Hérissier(S), Ozouf (H), Fox(H), Martin(H).

"Contre" (1)

Deputies

St. John.

THE STATES rose at 12.55 p.m.

C.M. NEWCOMBE Greffier of the States.