Field 690A, Maufant, St. Martin - sale of rights

STATES OF JERSEY

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FIELD  690A, MAUFANT, ST.  MARTIN: SALE OF

RIGHTS

Lodged au Greffe on 1st February 2005 by the Housing Committee

STATES GREFFE

PROPOSITION

THE STATES are asked to decide whether they are of opinion

( a ) to approve the sale of rights by the public, as owner of certain estate roadways at Maufant,

St. Martin/St. Saviour, by being party to the conveyance of Field 690A, St. Martin, between t owner Vernon Alfred de Gruchy and the developer Stephen James Marett, or such nominee as shall be beneficially owned by him, in order to grant the necessary access and service rights to enable the construction of approximately 40 dwellings, subject to the necessary development permissions, for a consideration of £100,000 plus £10,000 per unit to be built upon this re-zoned site, as shown on drawing No. 305/04/94 together with the Public's reasonable professional fees;

( b ) to approve the sale by the Public of certain roadways, footpaths, landscaped areas and street-

lighting at Maufant Village to the parishes of St.  Martin and St.  Saviour for the sum of£10 in each case, with each party to bear its respective legal and professional fees;

(c ) to authorise the Attorney General and the Greffier of the States to pass and the Greffier of the

States to sign as appropriate on behalf of the Public the said drawing and contracts or agreements as may be necessary; and

(d ) to authorise the Treasurer of the States to receive any payments to the public as they become due.

HOUSING COMMITTEE

Notes: 1. T h e Environment and Public Services Committee's comments are to follow.

2 .  T h e Finance and Economics Committee supports the proposition and welcomes the progress that

has been made towards the provision of affordable homes for first-time buyers and the increased provision of socially rented accommodation.

F u r th e r m o r e , the Committee notes that the cost of the proposed improvements to Maufant Village

roadways and other common areas will be met from the sale of rights – any surplus arising thereafter to be credited to the Acquisition of Land – Major Reserve vote.

REPORT

Field  690A, St.  Martin is one of the 11  sites which were r-ezoned in the 2002 Island Plan in order to provide "Category A" housing under Policy H2 (P.60/02).

After allowing sufficient on-site amenity space and landscape buffer totalling 4.8  vergées, it is proposed that the remaining developable area (approximately 6.1  vergées) accommodate a scheme of approximately 40 new homes, being a mix of 55% first-time buyer homes and 45% social rented accommodation, as stipulated by the 2002 Island Plan.

Though the site itself is in private ownership, the draft development brief approved by the Environment and Public Services Committee provides that access shall be made available via the existing road network of Maufant Village, particularly Les Parquets and Le Clos du Feuvre. It should be noted however that whilst development is in progress, construction traffic, plant and materials shall not be permitted to utilise the estate roads, instead the site would be accessed via Les Chasses du Mourin, in agreement with St.  Martin's Parish Roads Committee.

Upon completion of the development known as Maufant Village – Phase 1, comprising 151 dwellings, it wa anticipated the roadways would be ceded to the relevant parochial authorities. In July 1980, whilst the States accordingly approved the transfer of the roadways to the Parishes of St. Saviour and St. Martin, no formal transfe has taken place of these areas and the Public has retained ownership together with the footpaths, street-lighting and landscaped areas.

To enable the development of the re-zoned site to proceed, the Environment and Public Services Committee has requested that the deteriorating condition of the village roads and other common facilities within the estate, together with the related issue of ownership, be resolved before the new housing development is progressed. Financial responsibility for these common areas ultimately rests with the current village homeowners, who would be required, by virtue of their original purchase contracts, to contribute a fair proportion of such costs incurred. In allowing access to Field 690A via the estate roads, the opportunity now exists to off-set the current and future liabilities of the individual home owners (estimated at approximately £265,000, subject to receipt of tenders) from the access fee payable. Following receipt of monies by the Public from passing the relevant contract, the necessary works may then be completed to enable a transfer, by agreement, of the relevant roads, landscaped areas and street-lighting to the parishes of St. Martin and St. Saviour. The transfer of the homeowner'sfinancial liability to the parochial authorities was not envisaged when this matter was first considered by the States in 1980.

Following negotiations with Property Services, subject to States' approval, it has been agreed that the Public shall be party to the transfer of Field 690A between Vernon Alfred de Gruchy, the landowner, and Stephen James Marett, the developer, in order to grant the necessary access and service rights to facilitate development. Upon passing of the contract the relevant rights shall be conferred to the developer for a consideration of £100,000 plus £10,000 per property to be built upon this rezoned site, plus professional fees incurred by the Public.

Once works have been completed and the transfer of the said areas effected, subject to parish assembly approval, future maintenance will then be the responsibility of the parochial authorities. Any remaining balance from the capital receipt shall be credited to the Environment and Public Services Committee Vote CO904 Acquisition of Land – Major Reserve.

There are no additional financial or manpower implications for the States arising from this proposition.