Foreshore encroachment implications re MD-PH-2017-0045 (FOI)

​Request

Reference ministerial Decision Reference: MD-PH-2017-0045

A
Could you please disclose the financial gains to The People of Jersey in ratifying this foreshore encroachment (£).

B
Could you please disclose the implications that are contractually imposed on the landowner in regard to insurance of the seawall and sale covenant applicable to drainage laws and expected remedies in the event of a seawall breach.

Response

A
We are unable to provide details of any financial gains regarding ratifying the foreshore encroachment since the contract has not yet been passed through the Royal Court. The contract is due to be passed in the second quarter of 2019.

Please note that once the contract has been passed the information will be exempt under Article 23 (Accessible by other means) of the Freedom of Information (Jersey) Law 2011 as the information will be available 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 the 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
B
The seawall in front of the property “La Cotte” in Ouaisne Bay comes under the Public’s insurance policy, as do all publicly owned seawalls. 

With regard to “expected remedies in the event of a seawall breach”, the current management policy is to maintain the defensive line, which means to maintain and repair the existing sea or coastal defence.

The level of protection from overtopping may change in time in response to changing coastal conditions, e.g., sea levels rising, changes in weather patterns, changes in beach levels, but the defence will be maintained. 

All coastal management policies are currently under review as part of the “Jersey Shoreline Coastal Resilience Management Plan”. This is due for completion in October 2019. 

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.