North Pender LTC Regular Meeting Agenda

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STAFF REPORT 
\\ITFile\SouthLPS\LOCAL TRUST COMMITTEES\North Pender\Applications\DP\2016\NP-DP-2016.9 (Lundie)\Staff reports\NP-DP-2016.9 
(Lundie) Staff Report.docx 
Islands Trust Staff Report 1 
File No.: NP-DP-2016.9 (Lundie) 
DATE OF MEETING: November 24, 2016 
TO: North Pender Island Local Trust Committee 
FROM: Phil Testemale, A/Planner 2 
Victoria Office 
SUBJECT: Development Permit Application 
 Applicant: Marc Brown 
 Location: 4858 Pirates Road 
RECOMMENDATION 
1. That the North Pender Island Local Trust Committee receive the report for information,  and, pending 
receipt of a detailed cost estimate for planting and fencing and a security in the form of an irrevocable 
letter  of  credit, request  staff  prepare  a  resolution-without  meeting that  would  approve issuance  of 
Development Permit NP-DP-2016.9 (Lundie). 
REPORT SUMMARY 
This report is to provide background information, assessment and proposal details on a Development Permit 
(DP)  application.  Approval  of issuance may be considered by  a  Resolution  Without  Meeting  (RWM) pending 
provision of estimated restoration costs. 
The proposed development is for a single family dwelling with a deck. The application is for measures for the 
protection  of  the  sensitive  riparian  habitat  and  construction  management  for  the  proposed  renovation  sited 
within Development Permit Area (DPA) Ten – Riparian and Aquatic. 
The specific objective of the designation of the DPA is: 
To protect riparian areas from development so that the areas can provide natural features, functions and 
conditions that support fishlife processes. 
Copies of the Development Permit Area Checklist and proposed Development Permit NP-DP-2016.9(Lundie) are 
attached.  (Attachment 3 & 5)  
In summary, the above recommendation for the proposal is supported as it allows the proposal to be reviewed 
and debated by the LTC and for future consideration of approval to be made by RWM upon receipt of further 
required information (an RWM is not debatable).  The proposal meets the objectives and specific guidelines of 
the  DPA,  however it  does  not  comply  with  RAR  methodology.    All  recommendations  of  a  Riparian  Areas 
Regulation (RAR) Assessment Report have been incorporated into the proposed DP in addition to security to 
ensure that enhancement work is completed.     
  

Islands Trust Staff Report 2 
FIGURE 1:  SUBJECT PROPERTY 
 
BACKGROUND 
The subject property is currently vacant and the applicant is proposing the construction of a 171m² (1846 ft²) 
house with a 61m²(654 ft²) deck with construction to begin this year.  The proposed development is to be sited 
substantially within DPA 10. The owners and applicant were informed of the DPA requirements and those for the 
provincial Riparian Areas Regulations (RAR).  The owners accordingly hired Dave Gooding, P.Eng. who prepared 
and submitted a RAR Assessment Report (“assessment report,” dated August 29, 2016 – Attachment 4) to the 
provincial

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