Revised foreshore encroachment policy to be scrutinised
2nd November 2020
The Environment, Housing and Infrastructure Scrutiny
Panel has launched a review into the revised foreshore
encroachment policy, which was lodged in the States by the Minister for
Infrastructure, Deputy Kevin Lewis, on 18 September 2020.
In 2015 the foreshore (defined as the land
surrounding Jersey, lying between the “High Water Mark of full Spring Tide” and
the Lowest Mark of Tide”) was gifted by the Crown (Her Majesty, the Queen) to
the public of Jersey. Since then, Jersey Property Holdings (under the Ministerial
remit of the Minister for Infrastructure) has sought compensation payments from
a number of property owners who have encroached onto the foreshore.
Several concerns have been raised as to the fairness
of the policy and its application, including a hearing by the Complaints Board
in 2018. As a result of the hearing, Jersey Property Holdings and the Law
Officers’ Department have undertaken a landside boundary project to determine a
default boundary line which, historically, has been very difficult to define.
The Chair of the Environment, Housing and
Infrastructure Panel, Constable Mike Jackson, commented, “There has been much
controversy on this topic in recent years and the main aim of the Panel’s review
is to take a balanced approach at examining how the foreshore policy has been
applied in the past, the reasons for this, and to understand whether the
revised policy reflects a fairer approach to the 400+ property owners who are
affected. We also wish to further understand how these encroachments might have
affected sea defences and their ongoing maintenance.”
To allow the Panel sufficient time to review the
revised policy, the Minister for Infrastructure has agreed to defer the States
Assembly debate until 19 January 2021. The
Panel will be considering evidence from several sources and stakeholders, as
well as holding a public hearing with the Minister for Infrastructure. The
Panel expects to publish its report, including any findings and recommendations
ahead of the debate in January.
Members
of the public can share their views with the Panel:
1. By completing the ‘Get involved’ form on
the States Assembly website
2. By emailing scrutiny@gov.je
3. By messaging the States Assembly social
media pages.
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