P.E.I. gov't issued stop-work order on Point Deroche project last fall, documents show

Some Islanders are demanding answers about why construction on the controversial development in Point Deroche was allowed to go on despite a provincial stop-work order that was issued late last year.

Documents obtained through a freedom of information request show land-use officials issued the order Sept. 14 after they inspected the site and concluded the location of the proposed structures did not meet requirements set out in the province's Planning Act.

In emails provided in response to the request, officials said the building wasn't set back 15 metres from the edge of the bank near the shore as the original permit required, and the project involved "significant encroachment on an environmental buffer" zone.

They also said the "seasonal residential cottage" project, to consist of four structures totalling 6,740 square feet and a separate 883-square-foot bunkie, would have to be moved further away from the beach to meet setback requirements.

"The builder is clearly not building as per the development permit approval," an email dated Sept. 14 said. 

An email from a Department of Agriculture and Land specialist dated Sept. 13 said in part: "We would therefore insist that the construction, as it occurs, cease immediately, building materials from the site be removed from the buffer, and the area within the 75' buffer be reinstated to the satisfaction of the Dept. of Environment, Energy and Climate Action and the Dept. Agriculture and Land."

The Environment, Energy and Climate Action official to whom that email was addressed asked for a change before it was sent to the developer, reflecting the original permit saying that a 50-foot or 15-metre setback would be needed, not a 75-foot one. 

Questions about process

Bryson Guptill submitted the access to information request. He's an avid hiker who has been involved with a number of groups of Islanders concerned about the development's placement so close to the beach, including the Coalition for the Protection of P.E.I. Lands.

Guptill said the inspection happened just two days after he and others posted photos of the development on social media.

"None of the documents that were provided to us indicate that the stop-work order was ever lifted," he said, let alone any reasons for the decision to lift it.

"When this order was issued, there was just footings down for the building. [It was] an ideal time to change things, very inexpensive. But instead, now walls have been put up, there's large concrete walls over 100 feet long on both the north-facing wall and on the west-facing wall, and that's not going to be easy to fix."

Officials says project compliant

In an emailed statement to CBC News this week, the province said the cease-construction letter was rescinded after provincial staff met the developer on site and "it was revealed that the building was in compliance with the application, provincial legislation, and information submitted."

Guptill said he hopes officials weren't convinced to include the new rock breakwater as land in order to meet setback requirements.

The project became a focal point for groups calling for stricter land-use planning, one of the major issues at play on the environment file during the current provincial election campaign.

On Dec. 1, 2022, in response to the public complaints, P.E.I.'s environment minister issued a ministerial order to limit development within buffer zones on the Island until a formal process could be drawn up.

Guptill said he's talking to a law firm to see if there is any way to fight the project further. He would like to see a judicial review into why the Point Deroche project was allowed in the first place.

"If you allow buildings like this to go up willy-nilly on the beaches, then you'll have a lot more of them happening and we'll lose access to public beaches that we have on P.E.I. That's a major problem," he said.

The owners of the property have previously told CBC News that the new rock breakwater replaces a pre-existing structure, that beach walkers will have better access than they did in the past, and that they plan to make the wall look more natural.