Convent Court, Val Plaisant/David Place and Philips House, Victoria Street, St Helier: deed of arrangement

CONVENT COURT, VAL PLAISANT/DAVID PLACE AND PHILIPS HOUSE, VICTORIA STREET, ST.  HELIER:

DEED OF ARRANGEMENT

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Lodged au Greffe on 10th April 2001 by the Housing Committee

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STATES OF JERSEY

STATES GREFFE

180             2 0 0 1    P . 6 2          

Price code: A

PROPOSITION

THE STATES are asked to decide whether they are of opinion -

  (a ) to enter into a deed of arrangement with Pembroke House Limited, the owner of Pembroke House, 44 David

Place, St. Helier, to resolve certain boundary encroachments set out in the report dated 30th March 2001 of the Housing Committee and shown on drawing number 293/01/22, for which the public will receive payment of £37,500, plus the cost of its reasonable fees in connection with the proposed transaction;

  (b ) to authorise the Attorney General and the Greffier of the States to pass on behalf of the public the necessary

contract in connection with the proposed deed of arrangement.

HOUSING COMMITTEE

Note: T he Finance and Economics Committee's comments are to follow.

Report

Pembroke House, 44 David Place, St.  Helier, borders two public properties administered by the Housing Committee - Convent Court, Val Plaisant/David Place and Philips House, Victoria Street, St.  Helier.

It has been discovered that Pembroke House (owned by Pembroke House Limited) encroaches onto the Public's land. The encroachments include -

(a ) a n extension built over the full width of the party wall that separates Pembroke House from Convent Court; (b ) s ix windows established without contractual agreement;

(c ) v e ntilation bricks and overhangs established without contractual agreement.

Negotiations have taken place with the owner of Pembroke House to reach an amicable solution, and the principle of a deed of arrangement and financial settlement has been agreed on the following terms -

(1 ) Pe mbroke House Limited wishes to purchase the public's interest in the party ownership of the wall that has

been built upon, together with access rights onto the public land to maintain that wall.

(2 ) Pe mbroke House Limited wishes to purchase the right to keep, as established, six windows, two ventilation

bricks, two overflow pipes and a roof capping, all of which currently encroach the public property. In turn, it is proposed that Pembroke House Limited will modify the windows within an agreed period following the passing of contract.

(3 ) T he proposed purchase price for (1) and (2) above is £37,500, plus all reasonable fees incurred by the public

in relation to the transaction. The Department of Property Services considers that that sum is a fair and proper price, and supports the principle of the proposed transaction.

This proposed transaction has no manpower implications for the States and the financial implications are set out above.

30th March 2001.

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