Jersey In Peril - September 2009

ZEPHRYUS - A THIRD CHANCE TO GET THINGS RIGHT ON THE WATERFRONT?

Save Our Shoreline has this week written to Planning in respect of an application by WEB for consent to build 59 luxury flats with basement car parking on the Waterfront, close to the Radisson Hotel.

The footprint is over 10,000m2. SOS has requested that a full Environmental Impact Assessment (EIA) is carried out as required under the Planning and Building (Environmental Impact) (Jersey) Order 2006, before planning consent is given. In particular, and in the light of previous severe flooding at two recent recent major Waterfront developments, Castle Quay and the incinerator, we would suggest that the EIA must include comprehensive ground testing for hazardous waste.

As the site abuts the St. Aubin's sea wall (and the Marine Protection Zone) we have asked that Planning require the developers demonstrate to the Regulator's satisfaction in their report, that they have the technical expertise to ensure that the site will not flood.

With regard to the Construction Environment Management Plan (CEMP) that will be necessary should planning permission be granted: Should flooding occur before all hazardous material has been removed from the site, we have asked for assurance that work will cease until the problem has been resolved. We would like assurance that the developer should be required to cease work and report the flooding, and that the Regulator take action, including testing of waters on site for pollution.

As at time of writing we are still awaiting an explanation from Environmental Protection as to why work at Castle Quay was allowed to continue when water flooded raw incinerator ash, liberating heavy metals to sea. Under the terms of the contract as confirmed by Senator Freddie Cohen to the States on 28th April 2009: “The CEMP requires that the Principal contractor will ensure that any water that may have come into contact with contaminated materials will be disposed of to the satisfaction of the States of Jersey. The contractor is therefore bound by the terms of the CEMP to be aware of the potential for waters to become polluted and to look out for any such occurrences.”

It is clear that this requirement did not happen; the site flooded and work continued. The Water Regulator must have known that flooding was occurring while 10,000 tons of toxic incinerator ash was present and did not enforce the CEMP. Water samples from within the site were not required yet at the incinerator site (which was deemed to be inert) water samples were required and showed high levels of heavy metals. Why the disparity in process when Castle Quay was known to contain raw toxic ash and other hazardous substances? SOS members recently met with Dandara and discussed the issue, but our requests for sight of the CEMP and other data were refused.

Heavy metals are odourless, invisible in solution and deadly. They can build up in sediment, enter our food chain and are very difficult to get rid of. SOS firmly believe that a slow but steady release of metals such as mercury, lead and cadmium is occurring on a day by day basis from Waterfront reclamation and building projects. We submit that it is time that Government recognised this threat to marine and human health rather than deny or fudge the facts. Jersey already has high levels of E-Coli, norovirus, and recently the herpes (OsHV-1) virus has badly affected our oyster farmers. The addition of heavy metals to the ‘mix’ of toxins ingested by filter feeders could destroy the industry. This cannot be allowed to happen. It must also not be forgotten that Jersey has a responsibility for any pollution it may export to other jurisdictions.

SCRUTINY HEARING - PLANNING & ENVIRONMENT
On 8th July, the Scrutiny Environment Panel members and their consultant, Mr Rob McInnes, questioned the Minister of Planning & Environment, Senator Freddie Cohen, and six of his principal officers, on the Planning Process relating the 'Energy from Waste' Plant and on Ramsar.

The full transcript can be found at the States website here or download the pdf. It really makes fascinating reading. SOS cannot comment until all the hearings are completed. Readers may judge for themselves about the competence or otherwise of the Department throughout this process.

On Friday 18th September, TTS Minister Constable Michael Jackson will be appearing before the Scrutiny Panel to answer questions relating to the 'Energy from Waste Plant' and on Ramsar.

On 27th August, two members of SOS were invited to meet with Planning, (Development Control) to discuss a new way forward with regard to consultation with SOS on the EIA process for future Waterfront projects. This is at an early stage but is encouraging. The meeting was positive. The Zephryus project will be the litmus test, and we will report progress on this website.

Please remember to support the National Trust of Jersey on Sunday 4th October at 1pm at St. Ouen's Bay with their excellent idea 'A Line in the Sand' to raise awareness of, and safeguard Jersey's beautiful coastline.

The idea is to form a human chain along the beach at St. Ouen's stretching from La Braye towards L'Etacq.

The event will be marked with an aerial photo taken at 2.00pm. For further info and updates visit www.coast.je

A LINE IN THE SAND IS INTENDED AS A VOICE FOR ISLANDERS WHO CARE!