The Church By The Sea Inc. (TheCBTS Inc.) was given standing and participated in discussion of issues raised at the July 22nd Dept. of Municipal Affairs Appeal Board. Kevin Stamp, the lawyer for the Diocese and Parish (the Appellant), challenged our right to participate and tried to prevent anyone other than representatives of the town and church from speaking. The Board rightly allowed TheCBTS Inc. to make a presentation and interventions.

The Chair of the Appeal Board explained that the Diocesan Synod of Eastern Newfoundland & Labrador, and the Anglican Parish of St. Philip's had appealed two decisions made by the Town of Portugal Cove St. Philip's:

1. on March 30 2010, to reject a permit to demolish the old St. Philip's church building;
2. on March 31 2010, to designate the 1894 church as a Municipal Heritage Building.

On July 30 the Eastern Newfoundland Regional Appeal Board reported:

1. "The Board ... found that the Council of the Town of PCSP has the authority to exercise their discretion in the granting of permits ... (the) Council may either approve or refuse a permit. ...The Board will therefore confirm Council's decision".
2. The Board found that the declaration of the church as a heritage property did not involve a development application, revocation of a permit, or a stop work order. ...The Board found that the authority to declare the property as a heritage structure is provided by the Municipalities Act through Sections 200 and 414. ...The Board therefore determined this matter is outside of the jurisdiction of the Board".

TheCBTS Inc. understands that therefore both decisions by the Town of PCSP stand. Hopefully the Appellant will now not spend more money on lawyers to file another appeal. Instead we implore Bishop Pitman (Synod Office 19 King's Bridge Road, St. John's, NL, Canada, A1C 3K4 Telephone: 709-576-6697 Fax: 709-576-7122 [email protected]) to sit down with TheCBTS Inc. to discuss putting the steeple back on the church tower, and preserving the 1894 church building.

An appeal of the above Appeal Board decision has to be filed no later than 10 days after the date of the Board's July 30th decision. Such an appeal would have to go to the Supreme Court of Newfoundland & Labrador Trial Division.

We congratulate the PCSP Town staff and councilors for their success in handling this matter. Please contact them at www.pcsp.ca or 709 895-800 to express your congratulations and interest in saving the old Anglican Church. Special mention should be made of the councilors who recognized the importance of preserving the 1894 building for the Town, and who voted to designate it as a Municipal Heritage Building, including

Mayor: Bill Fagan
Deputy Mayor: Jane Tucker
Councillor: Joe Duggan
Councillor: Doug Neary
Councillor: Gordon Tucker
Councillor: Patsy Whitten

The only councillor voting to demolish the old church, and who was against the 1894 building being designated a Municipal Heritage Building was

Councillor: Moses Tucker

The Town did due diligence in not only making the right decisions in the first place but also defending (at the Appeal Board) its authority to make such decisions.

Congratulations again, and let's move forward to protect the steeple and 1894 church building. The Church By The Sea Inc. is prepared now to properly place the steeple back on the belfry, and is ready to accept responsibility for the 1894 church building - we simply need the church's agreement and permission to do so.