Howard Davis Farm
(Arrangements for further Abrogation of Covenant) (Jersey) Law 2018
A LAW to allow for the further abrogation of the covenant applying to the
gift of land known as Howard Davis Farm and associated land to the Public of
Jersey; and for connected purposes
Commencement [see endnotes]
1 Interpretation
(1) In this
Law –
“2008 Law” means the Howard Davis Farm (Abrogation of
Covenant) (Jersey) Law 2008;
“covenant” means the terms of the deed by which Howard
Davis Farm was gifted;
“Howard Davis Farm” means the house, farm buildings and
land formerly known as “Parkfield” and the 2 fields known as
field no. 302 (also known as “La Geonnière”) and
“Côtil at Eqypt”, all of 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;
“Trust” means The Howard Davis Farm Trust (an
association incorporated under the Loi (1862) sur les
teneures en fidéicommis et l’incorporation d’associations).
2 Future
further abrogation of covenant
(1) Despite the covenant as
abrogated by the 2008 Law, it is lawful for the Public of the Island
to make any use of Howard Davis Farm, or any part of it, subject to the
agreement of the trustees of the Trust.
(2) Where the proposed change of use mentioned in paragraph (1)
involves the payment of a rent (within the meaning of paragraph 1 of the
Schedule) for the use of Howard David Farm, or any part of it, for a sum that
exceeds £50,000 a year, the trustees of the Trust must, before agreeing
to the change of use, obtain the agreement of the Minister for Infrastructure.
(3) Where the Minister for Infrastructure agrees to the change of use
the Minister must present to the States a report setting out the details of the
proposed change of use and the reasons why the Minister and the trustees of the
Trust wish to allow it.
(4) A
member of the States may lodge a proposition, no later than 15 working days
following the presentation of the report mentioned in paragraph (3), inviting
the States to direct the trustees of the Trust not to agree to the change of
use, and if the States approve the proposition, any agreement of the trustees
of the Trust under paragraph (1) that relates to that change of use is
void.
(5) If –
(a) no
proposition is lodged under paragraph (4), the trustees of the Trust are
treated as having agreed to the proposed change of use on the first day of the
meeting of the States referred to in paragraph (4); or
(b) a
proposition is lodged under paragraph (4) but is withdrawn by the member
or rejected by the States, the trustees of the Trust are treated as having
agreed to the proposed change of use on the day of the withdrawal or rejection
as the case may be.
(6) The Schedule sets out
the extent to which the covenant was abrogated by the 2008 Law,
namely –
(a) the
conditions under which part of Howard Davis Farm may be let free from the
requirement that it be used as an experimental farm for developing the study of
agriculture and for instructing in that science young people and other
interested parties; and
(b) how
the income from that letting may be applied.
3 Registration
of Law in Public Registry
(1) The Royal Court must,
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 has like effect as a
contract passed before the Royal Court.
(3) No fees are payable
under the Stamp Duties and Fees (Jersey) Law 1998 in relation to the
registration of a copy of this Law as required by paragraph (1).
4 Citation
This Law may be cited as the Howard Davis Farm (Arrangements for
further Abrogation of Covenant) (Jersey) Law 2018.
SCHEDULE
(Article 2(2))
extent of abrogation of
covenant under 2008 Law
1 Interpretation of Schedule
In this Schedule, unless
the context otherwise requires –
“land” means
Howard Davis Farm with the exception of the 2 fields known as field
no. 302 (also known as “La Geonnière”) and
“Côtil at Eqypt, or any part of it;
“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.
2 Principal uses
(1) Subject
to the following provisions of this Schedule, the land may be let only 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 the land 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 the land 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 the land 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 the land 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 must 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) must 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)
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 be let only at a rent that is below the open market rate if the
trustees of the Trust so agree.
(2) Sub-paragraph (1)
does not apply to the letting of so much of the land described in
paragraph 8(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 the Environment has responsibility, provided that the land
continues to be occupied, for that use and by that administration, at a rent
that is the sum of –
(a) the
rent paid for the preceding year; and
(b) 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)
does not apply for, the period of 25 years beginning on the day
the 2008 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 paragraph 8(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) is 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 is disregarded
when applying the restriction in paragraph 3(3) or (4).
8 Application of rental income
The following amounts
shall be deducted from rent received under leases of the land, or of any part
of it, and remitted to the Trust –
(a) in
respect of so much of the land 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 to that use, 80% of the rent received;
(b) in
respect of so much of the land 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 the land as lies to the north of La Rue Asplet, 80% of
the rent received;
(d) 80%
of the balance of the rent received in respect of the land 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 the land, or any part of it,
that are committed to by or on behalf of the Public of Jersey.