Transfer of ownership of roads and footpaths in Maufant Village

1240/5(2221)

WRITTEN QUESTION TO THE PRESIDENT OF THE HOUSING COMMITTEE BY THE DEPUTY OF ST. MARTIN

ANSWER TO BE TABLED ON TUESDAY, 9th NOVEMBER 2004

Question 1

On 29th July 1980, the States approved the Housing Committee's proposition Maufant Village, St. Martin/St. Saviour: transfer of ownership of roads and footpaths (P.97/1980)' in order to transfer the ownership of certain roads and footpaths in Maufant Village to the Parishes of St. Martin and St. Saviour .

Would the President –

( a ) e x plain why the transfer did not take effect?

( b ) e x plain who was responsible for the failure?

( c ) advise members whether he will be issuing an apology to the Maufant residents? Answer

1. The Housing Committee is unable to ascertain why the transfer of administration of the roads and pavements to the respective Parishes did not take place some 24 years ago. However, the current proposal for the transfer of the roads and pavements is very different from the proposal of 24 years ago. That proposal would merely have changed the ownership of some of the areas in question but would still have left residents responsible for a financial contribution towards the upkeep.
2. As it is not known why the transfer did not take place no person or body can be held responsible.
3. No. This Housing Committee has nothing to apologise for.  It continues to act in the best interests of the public of this Island, which includes the residents of Maufant Village.

Question 2

Given that the Housing Committee still has ownership of the roads and footpaths but the residents remain responsible for the cost of any maintenance carried out, would the President –

( a ) inform members whether the Housing Committee has ever established a system to collect an annual sum

of money from each of the 151 Village households to pay for any repairs that may need to be carried out?

( b ) give an explanation for the failure if a system was not established;

(c ) e x p lain  why  the  Housing  Committee  has  failed  to  maintain the  roads  and  footpaths  in  good

condition?

Answer

1. There is no need for a system.Thecontractof sale sets out the owner's responsibilityand the Committeehas the rightto collect the expenditure onmaintenanceifit is incurred.
2. This doesnotapply.
3. The roads and footpathsare generally in good condition given their age.  The Housing Committee has

expended monies on Maufant Village over a 25 year period. Question 3

The Housing Committee has recently put the reinstatement of the roads and footpaths out to tender. Would the President advise members –

( a ) of the number of tenders received?

( b ) the details of the work to be carried for which the residents are responsible? ( c ) the details of the highest tender and details of the lowest tender?

( d ) when the work will commence?

( e ) if the Committee will be seeking payment from the many residents who have occupied property and

contributed to the wear and tear of the roads and footpaths in the Village since 1980 but no longer live there?

Answer

1. T w o tenders have been receivedfor road andfootpathresurfacing.Only the Jersey Electricity Company Limited (JEC) can carry outrefurbishment to street lighting.As yet, notenderhasbeenrequested for proposed drainage works.
2. R e surfacingofroadsandpavements, repairs to drains and replacementof street lighting.
3. T h e highest tender forthe road andfootpath work was £233,780.00 and thelowest £219,612.77. TheJEC quotewas £27,028.82.
4. T h e work will notcommenceuntilagreementhasbeen reached over funding. ItistheCommittee's intention that any necessary works befunded from the windfall payment due should access rights toField 690A be granted across roads in Maufant estate. The Parish Connétable s have expressed support in principle for this proposaland for the transfer ofownership of roads, footpaths andcommunallandscaped areas to the parisheson completion of works. If this is achievedthe obligation ofMaufantresidents to pay for repairs and maintenance ofcommunalareas will be lifted and any future costs willbeborneby the parishes.
5. T h ere is no reason why past owners of properties at Maufantwouldbe recharged. Oneachoccasionon which a property has been transferred the obligation to meet the cost of repair runs with the contract. Itis up to eachpurchaser to weighup the liability in termsofpotential cost ofany repairs at the time of purchase.