Minister to be grilled over 'Foreshore Tax'

Friday 08 September 2017

The Minister for Infrastructure will next week be forced to face difficult questions over the controversial foreshore ‘tax’ that has stripped locals of up to £30,000 if they have property encroaching on the island’s coastline.

In the States’ first meeting since their two-month summer recess, Grouville Deputy Carolyn Labey is set put the issue onto the political agenda with a question to the Minister.

Dubbed on social media as the ‘Backdated Foreshore Infringement Tax’, the row has been ongoing since Express revealed in July that a St Clement homeowner was made to pay a five-figure sum to the States for encroachments over a vague strip of land or face losing the sale of his house. He branded the move as "tantamount to extortion."

The foreshore, which is vaguely described as lying between high and low tide, was historically owned by the Queen, but was gifted to the Public for free in 2015. The land is understood to include properties situated on the coastline between Havre des Pas and Fauvic, but may also extend to the reclaimed Harbour areas administered by Ports of Jersey.

Pictured: Deputy Carolyn Labey, whose Parish, Grouville, is affected by the controversial charge, will raise the issue in the States.

The Department for Infrastructure (DfI) have since taken to collecting money from those with balconies, gardens, steps and other encroachments intruding on that land – a move that has earned £70,000 from three properties alone.

But they have come under strong criticism as there is no specific policy or law in place allowing them to do so. DfI officials say, however, that their actions are part of a, “…duty to protect the land interests owned by the people of Jersey, the Public.”

There have also been concerns about exactly where high and low tide fall, given that stormy weather has previously seen tides reach far beyond the sea wall, which does not act as a true boundary marker as was previously believed.

Now the divisive issue will be one of the first to be considered by politicians when they return from their two-month summer recess next week.

Deputy Labey is set to ask: “In the absence of a policy on pursuing payments for encroachments on the foreshore, will the Minister explain why encroachments which predate public ownership of the foreshore are pursued, and whether encroachments by ‘quangos’ will also be pursued; and will he confirm the date of the map being used to show the areas of the foreshore and that detailed drawings of the dimensions of walled boundaries are being used?”

Her question should get to the heart of whether any States-linked organisactions will be liable to pay, as well as how specifically the Foreshore is being defined.