SaltWire E-Edition

POINT DEROCHE,PEI HOW DID THIS HAPPEN?

On September 2, 2020 an application went to IRAC by a non-resident corporation, 251 Kelpie Lane Inc., to exempt the purchase of 17.55 acres (including 200 feet of shorefront) on Pt. Deroche from the provisions of the Lands Protection Act. The LPA prohibits non-residents or corporations from purchasing more than 5 acres and/or 165 feet of shorefront property. Non-residents who wish to apply must do so through the Island Regulatory & Appeals Commission (IRAC) for consent.

Fact # 1: On September, 22 2020 the above application was approved by the Executive Council. Question: What criteria were used to base this decision on?

Fact # 2: Under the Environmental Protection Act a buffer zone extends 15 meters from the high tide mark. No activity can take place in the zone unless a permit is granted to do so.

Question: Minister Stephen Myers said “it was determined the house isn’t inside the buffer zone.” It clearly is. Why was 251 Kelpie Lane Inc. granted a buffer zone activity permit and under what conditions?

Fact # 3: A development permit must be granted before any work begins on a potential work site. Regulations attached to this permit include a building setback of 75 feet from the shore bank or 60 times the rate of erosion (whichever is greater). This was negated through the use of a “working policy” currently in use with the Departments of Environment and Agriculture. It appears to be a “grandfathering” clause allowing variances and exemptions based on the footprint of existing structures.

Questions: What are the specifics of this policy? Under what legislation does it draw its jurisdiction? When did it become effective? Does it supersede all standing government policy?

Is there another “working policy” waiting in the wings if government feels the need to break more of its own laws?

Why does the Province not honour its own policy? What gives Minister Myers and Compton the authority to decide that new builds should be exempt from the government’s own legislation and regulations?

Fact # 4: The province of P.E.I. does not recommend the use of shoreline stabilization along P.E.I.’s coastline. The boundary for coastal properties is at ordinary high tide. The land to seaward is considered public. Clearly the boulder line at 251 Kelpie Lane is well to seaward of this mark. Question: How does importing thousands of tons of granite comply with our net zero aspirations? Minister Myers’ response: “It’s not outlawed. So, there’s no policy that says you can’t do it”

Fact # 5: According to the Guardian of 8 November, 2022 there was a stop work order issued in September, 2022 to the development on Point Deroche. This was quickly revoked.

Question: Why was this decision reversed?

WHAT CAN WE DO?

We MUST eliminate the glaring flaws in a process that encourages exploitation of our priceless shoreline with the apparent complicity of those empowered to administer it. As this shoreline disappears so does the time we have left to stop it from happening.

Government has made a commitment to create an Island wide land use plan within the next three years. Minister Myers also recently stated: “his department is working on a new law to protect Island shorelines and waterways”.

We demand that the Province of P.E.I. place a moratorium on shorefront development. This would be in effect immediately and be in place until the necessary legislative and regulatory framework has been established containing the entrenched elements of transparency and public oversight. The process whereby this is created must feature meaningful public engagement and the opportunity for all voices to be heard. Only then will there be a process that merits the trust of Islanders. There must also be an immediate stop work order on 251 Kelpie Lane. We know this is not an isolated incident and could be precedent setting. Islanders must ask themselves: Does this fit my vision of climate change adaptation or lands protection? Can this in any way be considered responsible government of our province? If your answer is no, then: We urge you to contact your MLA to tell them you support an immediate stop work order on 251 Kelpie Lane and moratorium as outlined above.

As Margaret Mead said: “Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it’s the only thing that ever has.”

This notice is presented by The Coalition for the Protection of PEI Lands, a group of concerned Islanders and community organizations who work together to raise awareness about lands-related issues on PEI and to hold the government to account.

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2022-11-30T08:00:00.0000000Z

2022-11-30T08:00:00.0000000Z

https://saltwire.pressreader.com/article/281711208666526

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