In discussing development it’s important to recognize the housing crisis being faced on the Sunshine Coast and across the country is having a widespread impact on our community. We need more housing, and specifically more affordable housing. The Bayview Hills development (District Lot 1427), behind Coopers Green, is not intended to provide affordable housing, but it is raising serious questions about development in Halfmoon Bay.
We find ourselves in a situation where this 27 acre lot, zoned to allow 0.5 acre lots, is being developed in apparent contravention of the regulations and bylaws in place to protect the community and the environment. We shouldn’t allow regulations and protections to go un-enforced, or allow developers to act with impunity. This is why the Halfmoon Bay Environmental Society, along with the Halfmoon Bay Community Association, have asked for court action to ensure compliance with the law (correspondence posted below).
It is clear that verbal warnings, escalating to fines of a few hundred dollars (per SCRD bylaws) are not effective in deterring serious violations that can happen in major development projects.
We have been informed that the SCRD component of the subdivision process, including the public process, will not proceed on this lot until necessary permits have been received. With that in mind, there are reasonable community concerns about public access and greenspace, particularly so in an area where the public trails have passed through the area for many decades. These types of issues would typically be considered during public involvement in the subdivision process through approaches such as park dedication and the consideration of public amenities.
As the Elected Area Representative for Halfmoon Bay recently made clear, outside of land regulated by bylaws and permit areas, private property owners are within their rights to do as they wish. If we don’t want to see the continued deforestation of large areas of Halfmoon Bay, we need to ensure developers turn to the many existing solutions to this problem. From cluster housing to selective logging, there are many reasonable approaches which allow housing to happen in ways which are sensitive to the surrounding environment and appropriate for a rural area.
Regional and provincial government have the power to enforce the current laws, but also the ability to enable growth which is more compatible with Halfmoon Bay’s rural character, the community and the environment.
Request for a Court Order
On Mar 31, 2022, the following letter was sent to senior staff at the Sunshine Coast Regional District, BC Ministry of Transport and Infrastructure, and copied to the BC Ministry of Environment, the Ministry of Forests, Lands and Natural Resource Operations, Elected Director for Area B, Sunshine Coast, Provincial MLA for Powell River-Sunshine Coast.
Dear Dean McKinley (SCRD CAO), Darnelda Siegers (SCRD Chair), Ashok Bhatti (MoTI Regional Director)
On behalf of concerned residents of Halfmoon Bay, B.C. we are requesting that the SCRD and MoTI urgently obtain a court order to stop land development on District Lot 1427, Halfmoon Bay (PID: 015-931-901).
Since August 2021, your respective staff, the SCRD Board and our MLA have been receiving complaints from residents regarding bylaw and regulatory breaches on and around the lot. We understand that for reasons of confidentiality, the public cannot be informed of specific actions being taken in an ongoing investigation. The systematic and ongoing development of the land is in clear contravention of an extensive list of regulations, laws and bylaws, and is resulting in damage to downslope properties and public infrastructure.
It appears that any enforcement to date has not been effective. New violations continue to occur, permits have not been applied for, and no remediation of damage has been undertaken. The developer has allegedly stated that any fines are inconsequential, demonstrating an intent to continue these activities, and a disregard for the law and the community. For this reason, enforcement measures which would normally seek to encourage compliance do not seem to be effective. After 8 months of continued violations we are requesting that the SCRD, MoTI, FLNRORD and other agencies collaborate to commence legal action. Work should not resume until:
- Necessary expert studies have been undertaken (environmental, hydrological, geotechnical, etc. ).
- Appropriate permits have been issued.
- A condition and impact assessment of the damage, with an associated remediation plan is in place.
- All penalties are paid.
Your respective staff have extensive evidence of the reported violations on record, including first hand observations by staff. These date back to August 2021 and include:
- SCRD – Extensive land alteration and tree cutting within a Development Permit Area without a development permit. DPA 2A Creek Corridors (map 5) applies to the riparian area 30 meters either side of Kitchin Creek which runs through the lot.
- SCRD – Felling trees in permit areas A and B without a permit and contrary to the SCRD Tree Cutting Bylaw no. 350.
- SCRD – Cutting trees in the neighboring SCRD park (Coopers Green).
- MoTI/FLNRORD – Developing roads and cutting trees on Crown Land and the provincial road allowance, without the necessary approvals.
- FLNRORD/MoE – Dumping debris into Kitchin Creek and adjacent areas, an offense under the Water Sustainability Act (WSA). Damage to Kitchin creek caused by heavy equipment movement, and apparent diversion of Kitchin Creek.
The above issues, combined with clearing most of the trees on the lot, have resulted in surface runoff damage to downslope private properties, Priestland Road, Redrooffs Road and drainage infrastructure.
Given the ongoing violations and the lack of effective enforcement, there is significant community anger and frustration. We respectfully request that the SCRD and MoTI make a public statement which acknowledges the complaints and indicates actions being taken to enforce the relevant regulations, laws and bylaws which your respective agencies are charged to uphold.
We look forward to your response to our request that the SCRD, MoTI and other agencies urgently obtain a court order to stop land development on District Lot 1427 until regulations are adhered to.
Linda McMahon, President, Halfmoon Bay Community Association
Mary Beth Knechtel, President, Halfmoon Bay Environmental Society
