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Standing Order Land Transaction at the Waterfront Housing Development. Exactly where is the strip of land bought and details of the purchaser

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1240/5(1839)

QUESTION TO BE ASKED OF THE PRESIDENT OF THE HOUSING COMMITTEE ON TUESDAY, 29th APRIL 2003 BY THE DEPUTY OF ST. JOHN

Question

On 18th March 2003, the States were notified of a Standing Order decision under delegated functions to the Finance and Economics Committee, as follows -

as recommended by the Housing Committee, the sale of a strip of land running through the underground area immediately under the Jubilee Promenade (adjacent to the Albert Pier Housing car park, at the Waterfront, St. Helier), in order that it might be incorporated into the comprehensive sale of the Waterfront Housing Development, so as to enable the sale of the apartments to be completed whilst retaining the Jubilee  Promenade  in  public  ownership,  for  a  nominal  consideration  of £10,  on  the  basis  that  the Committee would be responsible for all reasonable legal costs arising from this transaction.'

Would the President explain where the a strip of land running through the underground area immediately under the Jubilee Promenade (adjacent to the Albert Pier Housing car park, at the Waterfront, St. Helier ), is, and give details of the purchaser?

Answer

The flats adjacent to the Albert Pier are in two separate blocks and the Jubilee Promenade runs between them.

In 2000, before the flats had been built, the States approved the eventual sale of the flats which were to be built on the northern site to the Jersey Homes Trust, and the eventual sale of the flats which were to be built on the southern site to first time buyers. The Jubilee Promenade was to remain in public ownership.

There is an underground garage which occupies the space below the northern site, the Jubilee Promenade and the southern site.

When the time came to draft the legal documents relating to the sale, it became apparent that because of the physical configuration of the garage, which had been designed to maximise the use of the available space, it was not practicable to divide it into two separate garages, one below the northern site and one below the southern site. The solution which was found was to sell the flats on both sites by flying freehold, and to make the garage part of the common areas to be owned and enjoyed by all the owners of flats in both halves of the development.

To do this it was necessary that ownership of the entire garage area should be transferred. However, although the decision of the States approving the sale of the flats on the northern and southern sites covered the sale of as much of the underground garage as lay below those sites, it did not provide for the sale of the strip of garage below the Jubilee Promenade because the intention was that the Jubilee Promenade should remain in public ownership.

It was therefore necessary to make separate provision for the sale of this strip of land so that the Jersey Homes Trust, which was to acquire the northern flats, and the individual first time buyers, who acquire the southern flats, will be able to use the underground garage in its entirety.

The answers to the two specific questions are thus -

  1. th e stripof land runsthrough the undergroundgarageimmediatelyunder the Jubilee Promenade between the twoblocksofflatswhichhave been constructedadjacent to the AlbertPier;and,
  2. th e reis no individual purchaser. The strip, like therest of thecommon parts in the development, will be ownedincommonby all thosewho acquire flats in the development, that is, the Jersey HomesTrustand the individual first time buyers.