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Former coastal homeowners who were fined tens of thousands because their properties were deemed to have ‘encroached’ on the foreshore have finally been given their money back by Government after a battle lasting nearly a decade.
Alan Luce and Julian Mallinson lodged a complaint in 2016 after being forced to pay more than £50,000 in ‘compensation’ between them when selling their properties at Grève d’Azette.
Over a number of decades, a number of properties encroached onto foreshore, which was previously owned by the Crown, as homeowners built over or on the sea wall or fitted ladders onto the beach.
However, when the foreshore was gifted to the public in 2015, the Government decided to doggedly pursue the homeowners with encroachment fines, causing both Mr Luce and Mr Mallinson huge personal stress.
The matter first came to light following an Express investigation in 2017 – prompting a huge public outcry, a critical Scrutiny review, an official complaint against Government which was upheld, and ultimately a new foreshore policy brought forward by Deputy Carolyn Labey approved by the States Assembly.
Pictured: Alan Luce, who was forced to pay around £30,000 when he tried to sell his coastal home, Roche de la Mer, despite not having created the encroachments himself.
Today, both Mr Luce and Mr Mallinson spoke of their relief at receiving their payments this morning and praised the past and present Infrastructure Ministers, Deputy Tom Binet and Constable Andy Jehan, for their help.
“I would like to thank Deputies Jehan, Binet, Bailhache and [Carolyn] Labey for their support and Bailiwick Express, without which after nine years we would still be seeking a refund,” Mr Mallinson said.
However, both said they felt their experience still raised wider questions about the machinery of government and conduct of certain officials.
“It is unacceptable that the Directors of Property Holdings ignored the opinions and recommendations of the Jersey Law Society, the Complaints Board and the Scrutiny Panel and acted in a wholly incompetent and unjust manner that has resulted in unnecessary expense to the taxpayer," Mr Mallinson added.
Pictured: Julian Mallinson paid around £20,000 to the States for parts of his former property, the Brise de Mer apartment complex, that encroached on the sea wall and foreshore.
But it took several years for the Government to act – and, even with sympathetic Infrastructure Ministers on board, Mr Luce said he had the impression of a department "dragging its feet", with payment taking several months to materialise.
At the end of last year, former Infrastructure Minister Tom Binet – who was outspoken on the foreshore issue prior to becoming a politician – signed off on payments to be made to Mr Luce and Mr Mallinson after commissioning a report from former Bailiff Deputy Sir Philip Bailhache, who recommended that ex-gratia payments be made with interest.
The process was frustrated, however, when Deputy Tom Binet was replaced as Minister by Deputy Steve Ahier ahead of the vote of no confidence in Kristina Moore.
While serving in the role in an Acting capacity, Deputy Ahier instructed Jersey Property Holdings to stop the payments until a new minister was chosen and could consider them.
He added that he was not consulted on the decision, which Deputy Binet made shortly before he resigned – adding that he felt it seemed “inappropriate” and “a bit rash”.
Upon assuming the role of Infrastructure Minister after the collapse of Kristina Moore's government, Constable Jehan wrote a letter clearly instructing civil servants to make the payments without delay.
After several weeks with no movement, despite follow-ups from Mr Luce and Mr Mallinson, he sent a second instruction towards the end of the month.
Mr Luce and Mr Mallinson confirmed to Express that they had received refunds for the fines this morning.
More to follow...
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