Men affected by encroachment ‘collecting money’ to seek legal advice

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Houses overlooking the beach a few steps from the shore in Le Bourg. Photo: JON GUEGAN. (30352517)

Following the Crown’s donation of the foreshore to the island in 2015, the government’s real estate department began imposing fees in retrospect on some homeowners who allegedly trespassed on public land with steps or other access to the land. Beach. Previously, such encroachments were tolerated by the Crown.

Julian Mallinson, who paid £ 25,725 in costs and fees, said he was delighted with the decision and confirmed that he will now explore options to recover payment. “It is a confirmation that we must fight injustice – even against seemingly insurmountable obstacles, and a justification for what I have always believed,” he said.

Alan Luce, who has been charged with £ 34,387, said he was happy that the case is now being conducted “in the light of day rather than in the shade”, and he expressed his gratitude to the Deputy Carolyn Labey, whose revised policy was adopted by states in preference to that tabled by Infrastructure Minister Kevin Lewis.

Mr Luce said the approach taken by Jersey Property Holdings cost him far more than he paid the government because he was forced to accept a reduced sale price for his property while the controversy unfolded. was taking place.

“The minister kept saying it wasn’t a fundraiser, but that is exactly what it was. We will now see how the minister is moving things forward. He is in a very difficult situation, but he has not helped himself. He stuck to the party line. I will now write to [Advocate] John Kelleher to pass it on to him, ”he said.

Under the new foreshore policy, devised following an amendment by MP Labey and approved in the United States this week, only islanders whose encroachments “interfered” could be required to contribute to the cost of their removal. if they were done before the land was transferred. by the Crown to the States.

Assistant Carolyn Labey. Photo: ROB CURRIE. (30359076)

What the policy describes as “minor encroachments” from this period will be allowed to stay and those who are not minor but do not interfere will be allowed to stay on “reasonable terms”.

Deputy Labey said she was relieved that the case, which she said had been like “pulling teeth”, is now over.

“This has been on my desk for four years and we have now reached the stage where we have put in place a cohesive policy where people can better understand where they stand.

‘When the [Infrastructure] Minister took office, I informed him of the situation and suggested that he look into the matter and try to find a solution. Now we have finally come to a conclusion, ”she said.

She added that she was forced to design her own policy because the Minister’s policy did not, in her opinion, advance the situation of the Islanders.

“As for the two individuals, they will have to take legal advice, but my policy is clear. The date I use for historical encroachments is the date we received the land, ”she explained.


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