States told to repair Brise de Mer seawall after complaint upheld

A States complaints panel has ruled against the government over responsibility for part of a seawall at Brise de Mer in St Clement.

The States of Jersey Complaints Board upheld a complaint brought on behalf of the Brise de Mer Apartments Association after Jersey Property Holdings disputed whether it was responsible for maintaining the parapet section of the wall beside the flats at La Grève d'Azette.

Jersey Property Holdings, which acts as the States' corporate landlord for public land and buildings, had previously argued that its responsibility extended only to the lower sections of seawalls along Jersey's coastline.

It said maintenance of the parapet sections was the responsibility of individual property owners.

However, following a complaint against the Infrastructure Minister, the board concluded in July that the entire seawall was owned by the public of Jersey.

As a result, it found that responsibility for the wall's safety rested with the public as landowner.

Geoffrey Crill, who chaired the complaints hearing, described the case as an “interesting and clear-cut complaint”.

He said the association had followed the correct process in raising its concerns and had been justified in relying on a June 2016 contract between the Public of the Island of Jersey and the association.

Mr Crill also said the department's case would have been stronger if it had been open from the beginning that financial and staffing pressures had influenced its decision over responsibility for the wall.

The board has recommended that Jersey Property Holdings inspect the seawall at the property and carry out any repairs that are found to be necessary without further delay.

The Infrastructure and Environment Department has acknowledged the Complaints Board's findings and said it will respond in due course.

The ruling could also have wider implications for how responsibility for coastal structures on public land is determined across Jersey.