Field 574 and part of Field 573, Les Falaises de Fiquet, Beauport, St. Brelade - exchange of land

FIELD 574 AND PART OF FIELD 573, LES FALAISES DE FIQUET, BEAUPORT, ST. BRELADE: EXCHANGE OF LAND

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Lodged au Greffe on 28th May 2002

by the Planning and Environment Committee

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STATES OF JERSEY

STATES GREFFE

150             2 0 0 2    P . 9 2          

Price code: B

PROPOSITION

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

  (a ) to agree the exchange of ownership of property as follows -

   (i ) th e p u rc hase from Cinq Pierres Limited of approximately 35  vergées of land known as Field  574, (Le

Cotils du Mont Fiquet, La Lande a Géon, St.  Brelade (as shown hatched on Drawing No.  1435/01/28) fo a consideration of £125,000;

   (ii  ) th  e c e s sion free of charge to Cinq Pierres Limited of approximately one vergée of land forming the

southern part of Field  573, St.  Brelade (as shown cross hatched on Drawing No.  1435/01/28),

  (b ) w ith the public being responsible for all legal and survey fees, for the purpose of maintaining the land as

open space with public footpath links for the benefit of the public of the Island;

(c ) to authorise the Greffier of the States to sign the said drawing on behalf of the States;

  (d ) to authorise the Treasurer of the States to pay/receive any expenses incurred in connexion with the exchange

of the said land, and of any interest therein, from the Planning and Environment Committee's vote of credit "Acquisition of Land - Major Reserve (C0904)";

  (e ) to authorise the Attorney General and the Greffier of the States to pass the necessary contracts on behalf of

the public.

PLANNING AND ENVIRONMENT COMMITTEE

Notes:  1. T h e Finance and Economics Committee supports the proposition and notes that there are no further major

financial implications for the States.

2 . T he Sport, Leisure and Recreation Committee, mindful that the proposition would enable the Public

footpaths within Les Creux Millennium Country Park to encompass a greater area and was in the best interest of the Island, supported the proposition.

Report

At their meeting of 31st March 1998, the States approved a report produced by Land Use Consultants (LUC) which recommended a variety of uses for the land at Les Creux, St.  Brelade within a country park environment. Since that time, the Sport, Leisure and Recreation Committee has progressed the development of the area and the Les Creux Millennium Country Park was opened in December 2000. As part of the land use study, it was recommended that the Country Park should be integrated within the Island's footpath network.

Les Creux lies between Gorseland, which is a site of Special Interest, and Corbière Headland to the west, and Portelet and Noirmont Headland areas of Public open space to the east. The areas of Public land ownership are shown shaded on drawing No.  1435/01/28. Over the years the Public acquired or reached agreement in respect of various areas of land in order to provide the necessary access rights to create Public footpaths. There is one area of land between the Country Park and land to the south of H.M.  Prison which is not in Public ownership, and therefore the acquisition of this land by the Public would secure a footpath link between St. Brelade's Bay and Corbière Headland. In 1995 this area of land was offered to the Public for £6,500.00 per vergée; however, at the time this was believed not to be good value. Negotiations have now taken place with Cinq Pierres Limited and the Public in relation to the acquisition of sufficient land in order to secure the future of the public footpath in this area.

Cinq Pierres Limited originally acquired the land in 1996 in order to protect the privacy of the property known as Mont Fiquet House which is owned by Mr.  Michael Francis Draper and Mrs. Gaile Draper, née Utley. For years prior to th purchase, a footpath was in existence across this private piece of land without agreement, which disturbed the privacy of Mont Fiquet House. As part of the negotiations, it has been agreed to re-route the footpath away from the property in order to provide privacy and enable continued public access.

Terms and conditions have been agreed with Cinq Pierres Limited for the purchase of approximately 35 vergées of land known as Field  574, Les Falaises de Fiquet, Beauport, St.  Brelade, for the sum of£125,000 (one hundred and twenty five thousand pounds). This sum compensates Cinq Pierres Limited for the proportionate sum of money they originally paid for this land in 1996.

This area of land will be incorporated within the southern section of the Country Park and be administered by the Planning and Environment Committee through its Environmental Services Unit. As part of the development proposals, the footpath will  be  re-established  in  its  new  position  and  a  new  boundary  fence  of  a  type  to  be  approved  by  the  Planning  and Environment Committee erected.

The survey costs to establish the area of the land and the legal fees of Cinq Pierres Limited will be met by the Public. In addition to the above, the Public will relinquish their pedestrian rights of way over the property, Mont Fiquet House, and the owners of Mont Fiquet House will retain pedestrian rights onto the Public land in order to utilise the public footpath.

The Public will also grant to the owners of Mont Fiquet House, at an appropriate time in the future, the necessary wayleave agreement across land owned by the Public in order that they can join onto any future mains drains that may be constructed.

In addition, the Public will cede to Cinq Pierres Limited an area of land of approximately one vergée which is the southern part of Field  573 and associated rights of access. This will assist in the clarification of the boundary with the remainder of the Millennium Country Park.

The Sports, Leisure and Recreation Committee propose to reconstruct the footpath to enable Public access, at a cost estimated to be £16,000.00, which is to be financed from the Les Creux Millennium Country Park vote of Credit.

There are no manpower implications arising out of this transaction.