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Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008

Revised Edition

18.320

Showing the law as at 1 January 2011

This is a revised edition of the law

Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008

Arrangement

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Article

1            Interpretation

2            Abrogation of covenant

3            Application of rental income

4            Registration of Law in Public Registry

5            Repeal and saving

6            Citation

SCHEDULE

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conditions of letting

1            Interpretation of Schedule

2            Principal uses

3            Ancillary uses

4            Restriction on warehousing

5            Restriction on incinerators10

6            Restriction on letting at below open market rate

7            Determination of square footage

Supporting Documents

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Endnotes

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Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References

Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008

A LAW to abrogate, in relation to the land known as Howard Davis Farm, a condition subject to which the property was gifted to the Public of the Island so that the land may be leased or its occupation permitted subject to conditions approved by the States; and to provide for part of the proceeds of any lease or occupation to be remitted to a trust incorporated with objects that reflect and augment the objects of the original gift; and for connected purposes

Commencement [see endnotes]

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1      Interpretation

(1)    In this Law –

“Howard Davis Farm” means the house, farm buildings and land formerly known as ‘Parkfield’ which were gifted to the Public of the Island by the late Thomas Benjamin Frederick Davis and accepted by Act of the States of 28th November 1927;

“lease” includes –

(a)     any tenancy or licence; and

(b)     any other arrangement for the occupation and use of Howard Davis Farm or any part of it by an administration of the States,

and any reference to a lessee shall be construed accordingly;

“rent” includes –

(a)     any payment under a licence; and

(b)     any payment by or recharge to an administration of the States for the occupation and use of Howard Davis Farm or any part of it;

“Trust” means the trust which has amongst its objects the objects of promoting –

(a)     training and research in respect of agriculture and horticulture, whether in Jersey or elsewhere; and

(b)     the protection, enhancement and monitoring of, training with regard to, and research into, the environment, whether of Jersey or elsewhere,

and which has amongst its powers the power to receive the monies described in Article 3.

(2)    The Minister may, by Order, substitute the definition “Trust” in paragraph (1) so that the Trust is identified by reference to the name with which, and the date on which, it was incorporated under the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations.

2      Abrogation of covenant

(1)    Notwithstanding the terms of the deed by which Howard Davis Farm was gifted to the Public of the Island by the late Thomas Benjamin Frederick Davis, it shall be lawful for the Public of the Island, subject to the conditions in the Schedule, to lease Howard Davis Farm, or any part of it, to any person or persons, free from the covenant requiring that Howard Davis Farm be used as an experimental farm for developing the study of agriculture and for instructing in that science young people and other interested parties.

(2)    The Schedule has effect to specify conditions for the purposes of paragraph (1).

(3)    The States may, by Regulations, amend the Schedule.

(4)    Regulations made under paragraph (3) may make such incidental, supplementary and transitional provisions as may be appropriate.

3      Application of rental income

(1)    The following amounts shall be deducted from rent received under leases of Howard Davis Farm, or of any part of it, and remitted to the Trust –

(a)     in respect of so much of Howard Davis Farm as lies to the south of La Rue Asplet and is let for use as a commercial dairy and milk processing facility and for uses ancillary thereto –

(i)     for the first year, £30,000,

(ii)    for the second year, £35,000,

(iii)   for the third year, £40,000, and

(iv)   for the fourth year and ensuing years, 80% of the rent received;

(b)     in respect of so much of Howard Davis Farm as lies to the south of La Rue Asplet (other than the land described in sub-paragraph (a)) and is let for any use, not less than 50% of the rent received;

(c)     in respect of so much of Howard Davis Farm as lies to the north of La Rue Asplet, 80% of the rent received;

(d)     for the fourth year and ensuing years, 80% of the balance of the rent received in respect of Howard Davis Farm, after deduction of –

(i)     the amounts required to be deducted under sub-paragraphs (a) to (c), and

(ii)    the costs of repair, maintenance and replacement of Howard Davis Farm, or any part of it, that are committed to by or on behalf of the Public of the Island.

(2)    In paragraph (1)(a) and (d), “year” means –

(a)     if the letting referred to in paragraph (1)(a) commenced before this Law came into force, the period of 12 months beginning on the day this Law came into force, and each period of 12 months after that;

(b)     if the letting referred to in paragraph (1)(a) commences after this Law came into force, the period of 12 months beginning on the day the lease term commences, and each period of 12 months after that.

(3)    In the event that, at the time rent is received by the Treasurer of the States, on behalf of the Public of the Island, under leases of Howard Davis Farm, or of any part of it, the Trust has not been established, the Treasurer of the States –

(a)     shall hold the amounts due to the Trust, separately from monies received by him or her by or on behalf of the States, in an interest-bearing account; and

(b)     upon the establishment of the Trust, shall transfer the amounts and any interest accrued on them to the Trust.

(4)    The States may, by Regulations, amend this Article (apart from paragraph (3) and this paragraph).

4      Registration of Law in Public Registry

(1)    The Royal Court shall, when it orders the registration of this Law, also order the registration of a copy of this Law, signed by the Greffier of the States, in the Public Registry of Contracts.

(2)    The registration of a copy of this Law in the Public Registry of Contracts shall have like effect as a contract passed before the Royal Court.

(3)    No fees shall be payable under the Stamp Duties and Fees (Jersey) Law 1998[1] in relation to the registration of a copy of this Law as required by paragraph (1).

5      Repeal and saving

(1)    The Howard Davis Farm (Partial Abrogation of Covenant) (Jersey) Law 2007[2] is repealed.

(2)    Notwithstanding the repeal of that Law, Article 3 of it shall continue to apply to any money that, at the time of repeal, is held by the Treasurer of the States in accordance with paragraph (1) of that Article.

6      Citation

This Law may be cited as the Howard Davis Farm (Abrogation of Covenant) (Jersey) Law 2008.

SCHEDULE[3]

(Article 2(2))

conditions of letting

1      Interpretation of Schedule

In this Schedule, unless the context otherwise requires, “land” means Howard Davis Farm, or any part of it.

2      Principal uses

(1)    Subject to the following provisions of this Schedule, the land may only be let for any of the following uses –

(a)     light industry;

(b)     warehousing (other than retail warehousing);

(c)     agriculture;

(d)     horticulture;

(e)     as a commercial dairy and milk processing facility;

(f)     as offices and laboratories occupied by an administration of the States;

(g)     as one or more incinerators, to be used for the disposal of animal carcases only.

(2)    For the purposes of sub-paragraph (1)(b), “retail warehousing” means any warehouse to which members of the public, or any class of members of the public, have access for the purpose of the retail purchase or hire of goods.

3      Ancillary uses

(1)    The land may also be let for use as commercial offices if –

(a)     that use is ancillary to a use of the land described in paragraph 2(1)(a) to (e); and

(b)     the aggregate square footage of Howard Davis Farm that is let for such ancillary use does not exceed 10,000.

(2)    The land may also be let for use as residential property if –

(a)     that use is ancillary to a use of the land described in paragraph 2; and

(b)     the aggregate square footage of Howard Davis Farm that is let for such ancillary use does not exceed 8,000.

(3)    The land may also be let for use for retail purposes (other than the retail sale of motor vehicles or use as a supermarket) if –

(a)     that use is ancillary to a use of the land described in paragraph 2; and

(b)     the aggregate square footage of Howard Davis Farm that is let for such ancillary use does not exceed 2,500.

(4)    The land may also be let for use for educational and training purposes if –

(a)     that use is ancillary to the use of the land for the purposes of agriculture or horticulture; and

(b)     the aggregate square footage of Howard Davis Farm that is let for such ancillary use does not exceed 10,000.

4      Restriction on warehousing

The square footage of warehousing permitted on the land shall not exceed, in the aggregate, 60,000.

5      Restriction on incinerators

(1)    The square footage of the incinerators permitted on the land by paragraph 2(1)(g) shall not exceed, in the aggregate, 7,000.

(2)    If the Jersey Employment Trust (an association incorporated under the Loi (1862) sur les teneures en fidéicommis et l’incorporation d’associations)[4] vacates the land lying to the north of La Rue Asplet, paragraph 2(1)(g) and this paragraph shall cease to have effect 2 years after the date of such vacation.

6      Restriction on letting at below open market rate

(1)    The land may only be let at a rent which is below the open market rate if the trustees of the Trust so agree.

(2)    Sub-paragraph (1) shall not apply to the letting of so much of the land described in Article 3(1)(b) as was, on 5th June 2008, occupied for use as offices and laboratories by an administration of the States for which the Minister for Planning and Environment has responsibility, provided that the land continues to be occupied, for that use and by that administration, at a rent of –

(a)     for the year beginning on the day the Law came into force, £7,000;

(b)     for each year after that, the sum of –

(i)     the rent paid for the preceding year, and

(ii)    an amount that is such percentage of the rent paid for the preceding year as equates to the percentage increase in the Jersey Cost of Living Index in the preceding year.

(3)    Sub-paragraph (1) shall not apply for, the period of 25 years beginning on the day this Law came into force, to the occupation by, or letting to, the Jersey Employment Trust or any company administered by that Trust, of such part of the land described in Article 3(1)(c) as was, on 5th June 2008, occupied by or let to that Trust or such a company.

7      Determination of square footage

(1)    Where the part of the land that is let is a building or other structure, the square footage that is taken into account for the purpose of paragraph 3(1)(b), (2)(b), (3)(b) or (4)(b), 4 or 5(2) shall be the internal floor area of the building or other structure that is used for the purpose described in that provision, determined in accordance with the Code of Measuring Practice of the Royal Institution of Chartered Surveyors.

(2)    Where any glasshouse or polytunnel is principally used for agriculture or horticulture, but also has an ancillary use for retail or educational and training purposes, the square footage of the glasshouse or polytunnel shall be disregarded when applying the restriction in paragraph 3(3) or (4).

Endnotes

Table of Legislation History

Table of Renumbered Provisions

Table of Endnote References

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