Heritage Judicial Review

Heritage Legal Activities: Correspondence and Judicial Review

Legal activities, including correspondence and Judicial Review (JR) were by private citizens, county residents Liz Driver and Edwin Rowse. They are not asking for new laws, regulations or policies – only that the existing ones are enforced to protect the cultural heritage buildings and landscapes in South Marysburgh from industrial wind turbines.

PEC Cultural Heritage, including Mount Tabor area – worth protecting.

This iconic view on the approach to Milford.

Mount Tabor

Or this, showing only 2 of the 6 turbines in direct view of Mount Tabor:

Details can be found HERE.

The main critical dates are as follows:

From 2012, prior to approval of the wpd White Pines industrial turbines, several letters were submitted to the provincial government, identifying heritage issues and deficiencies in the supporting REA documentation.

July 16, 2015, a Renewable Energy Approval (No. 2344-9R6RWR) was granted to wpd White Pines Wind Incorporated. As a result of the filed letters by Driver/Rowse, as well as by the Municipality and others, two of the 29 proposed turbines were not approved (T7 and T11) due to heritage concerns.

July 31, 2015, the Appellant filed a notice of appeal with the Environmental Review Tribunal (“Tribunal”) pursuant to s. 139 of the Environmental Protection Act (“EPA“) seeking an amendment to the REA to add the two refused wind turbines to increase the total number of wind turbines in the Project to 29. This was withdrawn November 20, 2015.

September 2015, a JR Application was submitted. It was later withdrawn, to be resubmitted when the REA and Appeals were completed.

April 2016 The JR was re-submitted.

May 2016 The JR was modified in order to combine affidavits, and resubmitted.

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