The Battle of Bellozanne is set to continue

Thursday 30 March 2017

St Helier will take its fight for the right to free waste disposal all the way to the Privy Council - unless the States agree to pay up to £500,000 in compensation. Parishioners backed the decision to fight on at a Parish Assembly last night.

It's a critical issue, as Ministers are planning to bring in new commercial waste disposal charges, with the majority of the business who would pay those charges based in St Helier. If the Privy Council backs St Helier, then plans for those charges will have to be reviewed.

The row goes back more than sixty years to 1952, when St Helier struck a deal – known as the Bellozanne Covenant – whereby it sold land at Bellozanne to the States to build a waste incinerator. In exchange, it was agreed that St Helier residents would not have to pay for getting rid of their rubbish

However, last September, the Department for Infrastructure sought to introduce charges to businesses for the disposal of waste, threatening the historic Covenant. 

The Parish of St Helier unsuccessfully fought in defence of the covenant in the Royal Court, and then challenged their rejection in the Appeals Court - they lost both times.

But last night, St Helier parishioners voted to continue the fight and appeal that decision to the Privy Council- a move they hope will encourage the States to negotiate a fair price for the removal of the Covenant. 

St Helier's Parish Assembly has voted 56:4 in favour of going to the Privy Council to seek the upholding of the Bellozanne Covenant

— Simon Crowcroft (@SimonCrowcroft) March 29, 2017

The proposition, which was amended twice during the Parish Assembly last night, but passed overwhelmingly with 56 votes cast in favour, four against and one ballot was spoiled. 

Deputy Sam Mézec was pleased with the outcome and said: “I believed in my heart that it should go to the Privy Council because there is point and principle behind all of this and St Helier has not been treated well by the Council of Ministers in virtually everything, but in particularly this waste disposal thing.” 

Pictured: Deputy Sam Mézec speaking at the St. Helier Parish Assembly last night.

He added: “You shouldn’t be dismissing covenants in the way the States has done so I’m very happy with that [the verdict].”

St Helier Parish Assembly votes to take Bellozanne Covenant dispute to the Privy Council, whilst negotiating with States for compensation.

— Reform Jersey (@ReformJersey) March 29, 2017

With the backing of the Parish Assembly, Mr Crowcroft will now take the case forward to the Privy Council, but will also continue to negotiate with the Department for Infrastructure to offer the Parish of St. Helier a price for the repeal of the covenant. 

Speaking at the Assembly last night, Mr Crowcroft said that upholding the covenant was “a matter of honour” for the States of Jersey and he would be seeking at least £500,000 in compensation for the Parish if the covenant was removed- funds which would be used to cover the legal fees amounted in the ‘Battle of Bellozanne’ so far. 

At the Assembly, Mr Crowcroft said he was “not confident” that the States would approve the proposition for the Parish to negotiate with the Department for Infrastructure but he would pursue the case to the Privy Council if that was the wish of his parishioners, and they voted for him to do just that. 

Many people at the meeting were of the opinion that the threat of a Privy Council appeal would encourage States members to negotiate a fair price with the Parish for lifting the covenant. 

John Baker, as a parishioner of St Helier and a local business owner, was “very happy” with the result at last night's Assembly. 

Pictured: St. Helier Parishioners in attendance at last night's meeting voted for the propostion via secret ballots. 

However, he did recognise that moving forward with the case presented a financial risk for the Parish as they could rack up a further £100,000 in legal bills. But he believed it was worth the risk as an introduction of waste charges would be detrimental to local businesses.  

He said: “We already pay enough in tax. It might be ok for the big corporations but not for local business owners.”