Seawall breach implications re MD-PH-2018-0005 (FOI)

​Request

Reference ministerial decision reference: MD-PH-2018-0005

A
Could you please disclose the financial benefit to the People of Jersey in granting these encroachment rights (£).

B
Could you please disclose any covenants/conditions imposed by way or party to contract sale that would materialise in the event of a seawall breach?

C
Could you also declare if the landowner has had to insure the seawall against such an eventuality?

Response

A
The Public of the Island did not receive any financial gain or loss as a result of this contract as it was a privately owned sea wall.

B
The contract was passed by the Royal Court on 14 September 2018 between the Public of the Island (as owner of the Foreshore) and “Sherrington Limited” (as owner of the site formerly known as the “Beach Hotel”, Gorey, St Martin).
Details relating to the contract are exempt under Article 23 of the Freedom of Information (Jersey) Law 2011 as the information is available for the public to view at the Public Registry.

The Public Registry is available at Judicial Greffe, Royal Court House, Royal Square, St. Helier, JE1 1JG or at Jersey Archive, Clarence Road, St Helier, JE2 4JY.

The Public Registry can be searched by anybody for free or public registry staff can perform searches for a fee. Details of office hours and any fees may be found on the following web page:
Public Registry
C
The insurance for this privately owned seawall comes under the private owners’ insurance policy.

Article applied

Article 23 information accessible to applicant by other means

(1) Information is absolutely exempt information if it is reasonably available to the applicant, otherwise than under this Law, whether or not free of charge.

(2) A scheduled public authority that refuses an application for information on this ground must make reasonable efforts to inform the applicant where the applicant may obtain the information.