THE government has said it will respond in due course after a complaint against it over who should maintain the top part of a seawall at Grève d’Azette was upheld by an official watchdog.
The complaint, by Perry Garrod – who was representing owners of a beachside apartment block at Grève d’Azette – concerned a decision by Jersey Property Holdings not to maintain the parapet section of the seawall next to Brise de Mer, which is not far from the Rice Bowl.
Mr Garrod complained to the States of Jersey Complaints Board about the JPH’s lack of response to his queries and its assertion that it was only responsible for the lower part of seawalls around the Island’s coastline, arguing that the maintenance of the parapet sections rested with property owners.
In upholding the complaint, the board concluded that the entire sea wall, from top to bottom, including its foundations and backfill, was owned by the public, in accordance with established property law. The landowner – the public represented by the government – therefore bore responsibility for the safety of the entire structure.
Panel chair Geoffrey Crill, who chaired a board hearing in July, said: “This was an interesting and clear-cut complaint for the board to address.
“It was clear that the complainant had approached the department in the correct manner and had rightly relied on a contract of transaction dated June 2016 between the Public of the Island of Jersey and the [housing] association.
“The department’s position would have been strengthened had it been transparent from the outset that its decision was driven by cost and resource considerations.”
The board made several recommendations, including that JPH inspects the sea wall at the property and undertakes any necessary repairs without further delay.
In response, Mr Garrod said: “I’m just over the moon, really. However, I recognise that this is not the end of the story because the Complaints Board do not have power to force the minister to do anything [they can only ask for the decision to be reconsidered].
“It is a bit of a damp squib in that sense; you would hope that they would have power to initiate some sort of change, but it is basically at the bequest of Jersey Property Holdings whether they will do something or not.”
A government said that it acknowledged the report’s publication and would respond to it. Under States’ Standing Orders, a minister has 12 weeks to formally respond.
