Da Fonseca v. Gabriola Island Local Trust Committee and Other Shoreline-related Legal Actions

Life on Gabriola TV brings you an excerpt from the Jan. 18, 2024, meeting of the Islands Trust Local Trust Committee, in which Bylaw Enforcement Officer Warren Dingman reports on legal actions taken regarding shoreline structures on Gabriola and Mudge Islands.

The report covers 14 files, addressing violations mainly on private properties. It focuses on the ongoing case of Da Fonseca v. the Gabriola Local Trust Committee, involving a property on Mudge Island, which is just across a small ocean narrows from Gabriola. Dating back to 2012, the legal battle has now resulted in contempt of court proceedings -- the result, says Dingman, of non-compliance with BC Supreme Court orders.

Trustee Susan Yates remarks that "it's definitely true that there is a misunderstanding among property owners regarding their rights and where they can build." She notes two instances on The Strand, a road bordering the Salish Sea, where property owners are currently requesting development variances.

Trustee Tobi Elliott asks, "Why is the process this way? Somebody builds an illegal, unlawful structure in the foreshore and then they go and open an application file. They pay the money, we go through the process and then we have to say, 'No, we don't approve this and now you have to take down the structure.'"

Dingman explains the legal reasons behind the process.

Other key moments:
11.00: Why the setbacks are different on Gabriola and Mudge.
13:14: Implications for the Gabriola Official Community Plan review.
15:32: Regulations for protection of foreshore areas on other Gulf Islands.
16:09: Chair Peter Luckham on the increasing "rigour behind the science of environmental protection" and sea level rise, and how that has impacted setbacks.
19:30: Motion "That the Gabriola Island Local Trust Committee direct staff to include this report in the Official Community Plan review update materials so that we do not lose focus on the importance of shoreline setback."

Note: Captions are provided by the Islands Trust.

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