Waste disposal charge row looks set to continue

Friday 04 November 2016

The Parish of St Helier is to appeal against a recent court decision which cleared the way for the States to bring in waste disposal charges.

So far the Parish has spent £145,000 fighting the case, but it says the money is worth it, when compared to the amount parishioners will have to pay in waste charges, if they back down.

The row goes back to 1952, when the Parish allowed the waste facility to be built on its land at Bellozanne, in return for a covenant protecting parishioners from paying for waste disposal. 

But recently, the Royal Court declared that covenant was "spent", allowing the Infrastructure Department to progress with plans to bring in commercial waste charges. That decision is now being appealed by the Parish.

Constable Simon Crowcroft commented:

“The Parish Constable, Procureurs du Bien Public and Roads Committee of the day were promised that the States would not charge for waste disposal, having deprived the Parish of its facilities for processing its own waste. We do not believe that the covenant should now be declared extinguished by the Court and I believe parishioners expect us to defend their interests in this matter. 

“If charged for, waste disposal will cost St Helier ratepayers at least half a million pounds per annum, so the legal fees involved in defending our position are necessary and proportionate in my opinion and that of the Procureurs du Bien Public.”

If the Parish loses the appeal it is likely to have to bear the legal costs of the States for both the appeal and the first hearing, as well as the costs of the Parish lawyers in defending its position in court.

So far the Parish’s own legal costs amount to £145,051 excluding GST, comprising approximately £125,000 for defending the Parish’s position following the Minister’s challenge, plus approximately £20,000 following the decision to appeal. The total cost of the appeal is likely to be at least £50,000.

“The States could have made further attempts to come to a negotiated solution,” said Constable Crowcroft. “That might have been rejected by ratepayers but at least it would have avoided the need to go to court. As it is the Minister took the matter to the Royal Court and the Parish was left with no option but to take legal advice in response.”