Barry was charged in November with breaches of the City of Corner Brook’s building regulations and the Urban and Rural Planning Act for construction of a new residence at 31 Barry Place.
Barry wasn’t present in provincial court when his matter was called Tuesday morning and was instead represented by Jonathan Andrews. Andrews entered guilty pleas to six of the nine charges Barry was facing, including three counts of development without a permit and three counts of failure to comply with an order.
According to an agreed statement of facts, read by Lorilee Sharpe, the city’s lawyer, the offences occurred between Oct. 26 and Nov. 10, 2016.
On Oct. 25 the city received a complaint that a house had been demolished at 31 Barry Place and a new dwelling was under construction.
A city development inspector visited and confirmed the existing dwelling had been removed, a pipe culvert placed in the street right-of-way and a driveway constructed. The site had also been excavated and footing forms were in place.
No permits had been issued for any of the development.
The property is an open space zone where a single dwelling is neither a permitted or discretionary use. The house that had been demolished existed lawfully within the open space zone as a non-conforming use under section 108 of the Urban and Rural Planning Act.
Barry was contacted and advised a stop work order was being issued and that he would have to apply for a development permit and may also have to apply for rezoning of the property.
The stop work order was issued on Oct. 26. It was posted on the property, delivered to Barry and confirmed by council at its next meeting.
However, subsequent site inspections revealed construction of the new home continued.
The charges were laid on Nov. 15.
Barry has no previous convictions under the Urban and Rural Planning Act and so the city sought fines of $700 each for development without a permit and failure to comply with an order from Oct. 26-31, $900 each for development without a permit and failure to comply with order from Nov. 1-3 and $1,000 each for development without a permit and failure to comply with order from Nov. 4-10.
With no opposition from Barry, Judge Wayne Gorman endorsed the suggested sentence. In addition to the total of $5,200 in fines, Barry must also pay a 30 per cent surcharge on each fine. He was given 12 months to pay.
Barry has since submitted an application to the city requesting to rezone the property in question from open space to residential and has applied for a development permit.
Twitter: WS_DianeCrocker
Timeline
Oct. 25 — complaint received by and site visit confirms house being constructed without permits
Oct. 26 — stop work order issued
Oct. 31 — foundation walls formed
Nov. 3 — a tractor was on site and the foundation walls had been damp proofed
Nov. 10 — three exterior wood walls had been erected
Nov. 14 — fourth exterior wall was in place and roof trusses were being placed
Nov. 15 — charges laid
Convictions
Development without a permit — offence date Oct. 26-31, 2016
Failure to comply with an order — offence date Oct. 26-31, 2016
Development without a permit — offence date Nov. 1-3, 2016
Failure to comply with an order — offence date Nov. 1-3, 2016
Development without a permit — offence date Nov. 4-10, 2016
Failure to comply with an order — offence date Nov. 4-10, 2016
Barry was charged in November with breaches of the City of Corner Brook’s building regulations and the Urban and Rural Planning Act for construction of a new residence at 31 Barry Place.
Barry wasn’t present in provincial court when his matter was called Tuesday morning and was instead represented by Jonathan Andrews. Andrews entered guilty pleas to six of the nine charges Barry was facing, including three counts of development without a permit and three counts of failure to comply with an order.
According to an agreed statement of facts, read by Lorilee Sharpe, the city’s lawyer, the offences occurred between Oct. 26 and Nov. 10, 2016.
On Oct. 25 the city received a complaint that a house had been demolished at 31 Barry Place and a new dwelling was under construction.
A city development inspector visited and confirmed the existing dwelling had been removed, a pipe culvert placed in the street right-of-way and a driveway constructed. The site had also been excavated and footing forms were in place.
No permits had been issued for any of the development.
The property is an open space zone where a single dwelling is neither a permitted or discretionary use. The house that had been demolished existed lawfully within the open space zone as a non-conforming use under section 108 of the Urban and Rural Planning Act.
Barry was contacted and advised a stop work order was being issued and that he would have to apply for a development permit and may also have to apply for rezoning of the property.
The stop work order was issued on Oct. 26. It was posted on the property, delivered to Barry and confirmed by council at its next meeting.
However, subsequent site inspections revealed construction of the new home continued.
The charges were laid on Nov. 15.
Barry has no previous convictions under the Urban and Rural Planning Act and so the city sought fines of $700 each for development without a permit and failure to comply with an order from Oct. 26-31, $900 each for development without a permit and failure to comply with order from Nov. 1-3 and $1,000 each for development without a permit and failure to comply with order from Nov. 4-10.
With no opposition from Barry, Judge Wayne Gorman endorsed the suggested sentence. In addition to the total of $5,200 in fines, Barry must also pay a 30 per cent surcharge on each fine. He was given 12 months to pay.
Barry has since submitted an application to the city requesting to rezone the property in question from open space to residential and has applied for a development permit.
Twitter: WS_DianeCrocker
Timeline
Oct. 25 — complaint received by and site visit confirms house being constructed without permits
Oct. 26 — stop work order issued
Oct. 31 — foundation walls formed
Nov. 3 — a tractor was on site and the foundation walls had been damp proofed
Nov. 10 — three exterior wood walls had been erected
Nov. 14 — fourth exterior wall was in place and roof trusses were being placed
Nov. 15 — charges laid
Convictions
Development without a permit — offence date Oct. 26-31, 2016
Failure to comply with an order — offence date Oct. 26-31, 2016
Development without a permit — offence date Nov. 1-3, 2016
Failure to comply with an order — offence date Nov. 1-3, 2016
Development without a permit — offence date Nov. 4-10, 2016
Failure to comply with an order — offence date Nov. 4-10, 2016
