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P 117 of 2003 regarding Fief de la Fosse and proposed agreement with Les Pas Holdings Ltd and valuation of land

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1240/5(1940)

QUESTION TO BE ASKED OF THE PRESIDENT OF THE POLICY AND RESOURCES COMMITTEE ON TUESDAY 9th SEPTEMBER 2003,

BY DEPUTY G.C.L. BAUDAINS OF ST. CLEMENT

Question

With  regard  to  the  report  accompanying  P.117/2003, Fief  de  la  Fosse:  proposed  agreement  with  Les  Pas Holdings Limited', would the President –

( a ) advise whether the £10 million valuation of the land in paragraph 35 includes estimated profit from the

development of approximately 100 homes on the site and, if not, could he supply an estimation of that development profit so that members can assess the true total value of the site proposed to be transferred to Les Pas Holding Limited?

( b ) inform members of the Committee's most recent estimate of the total legal costs that will be incurred by

the States if the litigation is pursued, and give a breakdown of that estimate into costs that have not yet been incurred and costs that have already been paid and will therefore be irrecoverable even if the case is settled?

Answer

  1. Yes. The calculation ofthevaluationof a site, such asthis,recognises the balance between potential profit and risk any developer faces, but it mustberemembered that, in ordertoobtainany profit at all, a developer will have to invest andriskaround £30 million in carrying out the development. Unlessthe States developed this site themselves, and took the same risks, whichhasnever been considered, the maximummarketvalue the publiccould have receivedwould be £10 million.
  2. The most recent estimateof potential legalcosts that couldbe incurred are the figures identified at paragraph 35 of the report accompanyingP.17/2003.The current splitbetweencosts that have already been incurred and estimated future costs isas follows:

Expended and irrecoverable (to end July'03)

External costs £1.57M

Funding of Court and judiciary £0.03M Officer time and associated resources £0.10M £1.70M

Estimated costs to end of trial

External costs £1.23M

Funding of Court and judiciary £0.07M Officer time and associated resources £0.10M Contingency £0.20M

£1.60M

Estimated additional costs of appeal

External costs £2.80M

Funding of Court and judiciary £0.40M Officer time and associated resources £0.30M Contingency £0.20M

£ 3 .7 0 M