Appeal update & call to action

Wednesday, April 10th, 2013

The Municipal Appeal Board hearing (of March 26 2013) decision is now made. Unfortunately the Town of Portugal Cove-St. Philip’s lost on this appeal! Now the Town of PCSP could issue a corrected new “Order to Repair” the heritage church and steeple asap, revised with the Appeal Board corrections.

 

Supporters need to contact the Town with their comments to save the steeple and heritage church building: please consider to contact PCSP 895-8000 now. See appeal board decision details below:

 

Municipal Affairs Appeal Board Hearing’s written Conclusion: The Board determined that the PCSP Council did not properly issue the order to have the old church repaired. The cumulative effect of using the incorrect name, the absence of proper notice of right and process to appeal, ambiguous reference to legislative authority, and inclusion of a demand for submission of a “building and development application” renders the “Order to Repair” legally invalid.

 

The Church By The Sea Inc. Heritage Group notes that the Appeal Board’s decision hinged on technicalities, and procedural issues. The appeal board did not state that the Town did not have the right to issue an “Order to Repair”. TheCBTS Inc. hopes the Town will now quickly issue a new Order to Repair in proper form, after consultation with the town’s lawyer, the town’s Heritage Committee, and Provincial officials to ensure all procedural, technical, and legal requirements have been met. In other words, make the corrections as referenced in the written appeal board decision:

 

- use the correct legal name of the Diocesan Synod of Eastern NL.

- submit the Town’s appeal process details.

- give specific legislative authority as to particular repair work.

- do not ask for a development application.

 

The Church By The Sea Inc. Heritage Group and supporters will continue with its goals to save and preserve the St. Philip’s steeple and 1894 heritage church building, at no cost to the Parish. TheCBTS is available to provide financial and technical assistance to restoration of the steeple and church. We wish to make an agreement with the Diocesan Synod, and will work toward that objective. If anyone would like additional information, please contact the CBTS at info@thechurchbythesea.ca , or www.SaveOurSteeple.ca


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