Infrastructure Minister Eddie Noel has lodged a proposition which, if approved, would enable him to be able to liaise directly with the Howard Davis Farm Trust to discuss potential new uses of the 40 vergées of publicly-owned land, without requiring States approval each time.
However, Deputy John Le Fondré says the move amounts to a repealing of the existing law which places a covenant on the land, which was donated to the States by businessman and philanthropist Thomas Benjamin Frederick Davis in 1927. The donation was made on the condition that it should be used as a centre for the development of experimental agriculture and to educate Islanders on the practice.
As a result Deputy Le Fondré says an amendment is needed to the proposition to ensure that the States Assembly is kept informed of any changes and, if necessary, have a say on such changes.
Ultimately he envisages politicians only getting involved in ‘significant’ matters but the move would allow the Assembly to override a decision of the trust if a Member successfully gets a proposition opposing a use through the House.
In the report accompanying his amendment, Deputy Le Fondré said: ‘This amendment does not seek to change the flexibility that the minister and the trustees seek to achieve. However, it does seek to ensure that the States Assembly is kept informed of any proposed changes to the site, and that in the event of a matter arising which seems controversial, or is of significant public interest, then there is the ability for the States Assembly to have their say on such a matter.’
He adds: ‘I would be surprised if any minor matters were delayed as a result of this amendment. It would, however, enable a future States Assembly to assess whether (for example) a proposal to redevelop the site for social housing was appropriate as a future use, even though the future trustees might have been persuaded that this was in the public interest, rather than just relying on a normal application process.’
Howard Davis Farm, which is on Route de la Trinité, is currently home to the Environment Department.
In recent years the States has passed laws changing the covenant so that the land can now be leased for other purposes such as light industry, warehousing and for a commercial dairy, albeit maintaining the ‘original charitable purposes’ of Mr Davis’s gift.
Under the laws, a set proportion of the rental income earned through the land is passed to the Howard Davis Farm Trust, which passes the money on to agricultural and environmental causes.
The proposition is due to be debated on 12 December.
