Saving nemo and friends from the potential impacts of permitted building developments on the beaches of Jersey

The impacts of cumulative permitted building developments can normally be registered in an Environmental Impact Assessment (EIA) report. However, on the Bailiwick of Jersey (the largest of the Channel Islands), ‘The Planning and Building (Environmental Impact) (Jersey) Order 2006’, appears to be exposed to shortfalls and oversights in this respect. Therefore, this study reviews Jersey’s EIA legislation, highlights when and where EIAs have been waived and considers the concomitant implications of cumulative impacts that small–scale permitted building developments could have on the island’s coastal environment. A sequential mixed methods strategy was utilized to address the aim, using a combination of public archive records and freedom of information requests, together with interviews of government officials. Results reveal there are concerning issues with the existing system, which could be exploited and open to abuse. The present process is subjective and relies heavily on decision makers: experience and judgement. Moreover, there is also potential for political pressure to be exerted, in that the Minister for the Environment, in particular circumstances, can overrule decisions made by planning officers in contradiction to the legislation. For instance, since the commencement of the order, twelve ministerial decisions have waivered the requirement to produce an EIA. Worryingly, nine of these decisions were for developments in the intertidal zone (the area between high–tide and low–tide). Building structures on a foreshore/beach can change water, sediment, and nutrient flows around them; thus, disturbing important flora, fauna and feeding habitats. Similar studies have surmised that cumulative small–scale developments can have a collective impact on a site. Therefore, it is concluded that having a scoping opinion before a request to waive the requirement of an EIA would be a useful procedure, together with publicly available information on the island’s environmental benchmarks.