Foreshore encroachment (FOI)

Request

Could I please request information as to cost and ancillary fees, whether interdepartmental or direct.

The departments concerned are principally Infrastructure and Law Officers Department (LOD).

It has been disclosed that the Department that includes Jersey Property Holdings (JPH) are seeking funding to create three extra posts to be engaged “in the backlog of Foreshore encroachments”.

That also the Law Officers’ department are seeking to engage another senior conveyancer to help cope with the work generated to clear the backlog.

A

What has been budgeted for this task?

B

What is the cost thus far in the preparation of the “completed” yet undisclosed master schedule and the preparation work in establishing a “map” and the creation of the “edge of encroachment boundary” as defined?

C

Can the estimated return be disclosed from expected receipts from encroachment breaches?

D

Does the income from receipts outweigh the costs in collection?

Response

We have only responded in relation to the Jersey Property Holdings (JPH) section of Infrastructure, Housing and Environment (IHE) as the Law Officers’ Department (LOD) are not a scheduled public authority (SPA) and are therefore not subject to Freedom of Information legislation.

A

No further budget has been allocated for this task since 2019 and JPH have since re-allocated duties to be able to carry out the foreshore work from within existing resources.

Information regarding the 2019 budget is accessible to you on www.gov.je within a previous Freedom of Information response, therefore Article 23 of the Freedom of Information (Jersey) Law 2011 applies.

Foreshore review (FOI)

B

JPH has not recorded administration and resource time spent in relation to the foreshore project, as this work is being carried out as a ‘business as usual’ task alongside other duties. Therefore, this information is not held and Article 10 of the Freedom of Information (Jersey) Law 2011 applies.

C

There is no estimation of an expected return from encroachment breaches, therefore this information is not held and Article 10 of the Freedom of Information (Jersey) Law 2011 applies.

In addition, amendments to proposition p.111-2020 prevent the sale of rights and limit the Minister for Infrastructure granting licenses for minor encroachments or non-interfering encroachments. These licenses will not confer value to the property on sale, therefore they are unlikely to generate any capital value.

Encroachments on the Foreshore 

D

JPH have not recorded their administrative costs (see question B) and the LOD are not a Scheduled Public Authority, therefore this information is not held and Article 10 of the Freedom of Information (Jersey) Law 2011 applies.

Article applied

Article 10 - Obligation of scheduled public authority to confirm or deny holding information

(1) Subject to paragraph (2), if –

(a) a person makes a request for information to a scheduled public authority; and

(b) the authority does not hold the information, it must inform the applicant accordingly.

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.