Drainage (Jersey) Law 2005: Designation of Bel Royal Surface Water Pumping Station as a Flood Defence

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A decision made 6 December 2012:

Decision Reference: MD-T-2012-0095
Decision Summary Title :	Bel Royal Surface Water Pumping Station. Designation of Flood Defence of General Significance.		Date of Decision Summary:	27 November 2012
Decision Summary Author:	Assistant Director Drainage Infrastructure		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Bel Royal Surface Water Pumping Station. Designation of Flood Defence of General Significance. Article 29 of the Drainage (Jersey) Law 2005.		Date of Written Report:	27 November 2012
Written Report Author:	Assistant Director Drainage Infrastructure		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: The Designation of Bel Royal Surface Water Pumping Station as a Flood Defence of General Significance under Article 29 of the Drainage (Jersey) Law 2005.
Decision(s): The Minister agreed to instruct the Law Draftsman to draft an Order in accordance with Article 50 of the Drainage (Jersey) Law 2005 designating the surface water pumping station at Bel Royal as a flood defence of general significance as defined by Article 29 of the Drainage Law.
Reason(s) for Decision: Designation of the surface water pumping station at Bel Royal by TTS forms part of the planning agreement for the La Providence housing development at Bel Royal. Designation of the surface water pumping station facility will provide the Minister with the same rights of access for maintenance etc. as if the facility was on Public land.
Resource Implications: Increased Revenue costs to maintain the pump station but these are covered for the first 20 years of operation by payment of a commuted sum by the developer.
Action required: Chief Officer of TTS to instruct the Law Draftsman to draft an Article 50 Order to designate the pumping station at Bel Royal as a flood defence facility under Article 29 of the Drainage (Jersey) Law 2005.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Drainage (Jersey) Law 2005: Designation of Bel Royal Surface Water Pumping Station as a Flood Defence

TRANSPORT AND TECHNICAL SERVICES

BEL ROYAL SURFACE WATER PUMPING STATION

DESIGNATION OF FLOOD DEFENCE OF GENERAL SIGNIFICANCE

ARTICLE 29 OF THE DRAINAGE (JERSEY) LAW 2005

Purpose of the Report

For the Minister to authorise under Article 29 of the Drainage (Jersey) Law 2005, the Designation of the surface water pumping station at Bel Royal, so that it becomes a flood defence of general significance as defined by Article 29.

Background

As part of the Planning Obligations for the La Providence housing development at Bel Royal, the developers Dandara were required to construct a surface water pumping station in the car park at Bel Royal to assist with flood mitigation measures for Goose Green Marsh and surrounding properties.

It was also agreed as part of the planning agreement that 12 months after commissioning and operation of the station by Dandara, Transport and Technical Services would designate the station as a flood defence of general significance, hence taking on responsibility for operation and maintenance, and Dandara would pay a commuted sum of £251,797 to TTS to cover the costs of maintenance for a period of 20 years.

The 12 months operation of the station by Dandara is now complete and therefore, the Designation process needs to commence.

Discussion

Designation of flood defences of general significance under Article 29 of the Drainage Law require the Minister for Transport and Technical Services to authorise the Law Draftsman, via a Ministerial Decision, to draft an Order under Article 50 of the Drainage Law, designating the station as a flood defence facility.

Designation of the station is required as the station is located on land that is partly owned by Jersey Water and the designation process provides the Minister with the following rights under Article 29;

(a) the right to have access to the watercourse or flood defence works at all reasonable times;

(b) the right to maintain or alter the watercourse or flood defence works;

(c) the right, for the purposes of maintaining the watercourse or flood defence works, to erect any machinery on or adjacent to the facility, or to do anything else that is reasonably necessary for or incidental to those purposes;

(d) the right to appropriate and dispose of any matter removed in the course of the carrying out of any maintenance by way of dredging, deepening, widening, straightening, raising or diverting the watercourse or flood defence works; and

(e) the right, in the case of a watercourse, in any reasonable manner to deposit any matter so removed on the banks of that watercourse.

In effect, Designation gives the Minister the same rights of access for maintenance etc. as if the facility was on Public land.

Recommendation

The Minister is recommended to instruct the Law Draftsman, via Ministerial Decision, to draft an Order in accordance with Article 50 of the Drainage (Jersey) Law 2005 designating the surface water pumping station at Bel Royal as a flood defence of general significance as defined by Article 29 of the Drainage Law.

Reason(s) for Decision

Designation of the surface water pumping station at Bel Royal by TTS forms part of the planning agreement for the La Providence housing development at Bel Royal. Designation of the surface water pumping station facility will provide the Minister with the same rights of access for maintenance, etc. as if the facility was on Public land.

Resource Implications

Increased Revenue costs to maintain the pump station but these are covered for the first 20 years of operation by payment of a commuted sum by the developer.

Action Required

Chief Officer of TTS to instruct the Law Draftsman to draft an Article 50 Order to Designate the pumping station at Bel Royal as a flood defence facility under Article 29 of the Drainage (Jersey) Law 2005.

Written by:	Assistant Director Drainage Infrastructure

Approved by:	Director of Operational Services