Hastings Drive Property Rights

In December 1985 a storm hit Long Point, located on the north shore of Lake Erie.  Some cottages were damaged on Hastings Drive and one of them was ours.  We were told by the authorities to remove what remained, that the road would be closed, no rebuilding would be allowed, and the area was re-zoned Hazard Land.  Shortly after the storm a fire mysteriously burned down the damaged cottage.

All of Long Point was affected by the 1985 storm, but Hastings Drive continues to be unfairly stigmatized.  We are fighting for our rights as land owners.   I encourage all to check out my neighbours Woody & Jean Hamel's blog called the Battle for Hastings Drive

July 13, 2019

Here is Long Point described through pictures over the last three years (2017-2019):

You all know what Hastings looks like due to it's constant media attention.  So to answer the question, the difference between Long Point and Hastings Drive is... NOTHING.   Both are susceptible to erosion in extreme high water and wind events if no shoreline protection is present.  

Where I struggle with all of this, is...

April 17, 2019

In the last two months Hastings Drive has been closed by Norfolk County a total of 3 times, for approximately a week each time, as shown in the timeline below.  Most of these closures line up with the LPRCA's flood watch warnings in effect for areas near the shoreline of Lake Erie.   Yet, through local residents and live webcams on our family property located midway down Hastings Drive, none of these recent closures are at all...

February 4, 2019

With the recent Norfolk Today article published February 4, 2019 trailer use on Hastings Drive will once again be discussed at Council in the near future and hopefully have a quick resolution.  In the article, "Mayor Chopp believes these trailers that were sitting on the property before the ruling should stay as a legal non-conforming use just like the cottages on the land."

Our Hastings family property (est. 1947) an...

November 18, 2018

You may have noticed I’ve used quotations around “vacant lot” when doing past blog posts regarding my family property located on Hastings Drive.  The reason for this, is my family and I have never felt our property was “vacant”, and don’t feel this is the proper word to be used when referencing it or others similar along Hastings Drive.  The first word that comes to my mind when I think of a “vacant lot” is abandoned and that...

November 1, 2018

Legal Non-Conforming Use in Ontario This is an issue under the zoning by-laws. It is important to note that all zoning by-laws are forward looking. They speak to the future and not the past. They regulate future uses of a property not existing ones. They are prospective not retrospective in nature. They are not retroactive.

So, if you have a present use which is legal, then it may continue forever. But, that entitlement applie...

2012:  Across Ontario, there have been two complementary trends in planning and development law. First, a greater engagement of the public in matters of development, most often concerned about development, including greater height and density in existing neighbourhoods; and second, municipalities, concerned about the first trend, seeking to preclude debate on such matters by placing strict regulation of development and prohibi...

July 6, 2018

Lorraine (Ville) v. 2646‐8926 Québec inc.

This action in nullity was also prescribed in accordance with the 10 year general law prescriptive period provided for in art. 2922 of the Civil Code of Québec, which, as the Act respecting the implementation of the reform of the Civil Code provides, began to run on January 1, 1994. This means that that period ended on January 1, 2004, well before the action in nullity was filed in No...

May 29, 2018

I tip my hat to any long-standing "vacant" property owner continuing to use their lot for another and many more summer seasons to come.   One may say, "just carrying on with business as usual, same as the cottages, and the OMB Ruling has no effect on long standing owners".

Norfolk County Planning Staff admitted while testifying at the OMB hearing, that their long-term objective was to eventually el...

May 10, 2018

Looking at the Long Point Region Conservation Authority (LPRCA) May 2nd, 2018 Agenda (Pg. 30-39) the property owner in question with the recent news articles by Simcoe Reformer and Norfolk Today, did apply for their change house permit over a year ago, and as Councillor Brunton said his understanding was the OMB Ruling was not currently in effect yet.  Norfolk Staff even thought the ruling was odd this way, in that usually a c...

April 23, 2018

Lake Erie was at it’s highest water level in 20 years this past March and creating a recipe for disaster when the gale force south west winds came on April 4th, 2018.  After more then 12 hours of waves building to significant heights, the Lake Erie Northern shoreline was taking a beating and much damage not only was seen on the Canadian yet also US shorelines.  

At the very end of Hastings Drive in Long Point, on...

April 16, 2018

The OMB decision for Hastings Drive going forward has sterilized all new uses and new buildings and/or structures, except for the launching of a boat for day use and excluding a physical boat launch.  The rest of Long Point, Turkey Point and Port Dover should be aware and concerned of this ruling, since it is very troubling that ones property can be downzoned, devalued and completely sterilized without any compensation, if the...

February 14, 2018

Chief Building Officials Memo and Solicitor Legal Opinion of Building Code to Council regarding Dock Permits now required in all of Norfolk County. 

I am a waterfront property owner within Norfolk County and am very concerned about the Solicitor’s opinion on February 6th, 2018 in a closed door meeting and the Chief Building Officials Memo, regarding Norfolk County’s jurisdiction now extending into the waterway of Lake Erie...

December 2, 2017

I had perfect weather and the cedar posts were replaced on Saturday.  My Dad and Uncle got a kick out of helping me fix up the shoreline protection, and seeing how easy the excavator could push the cedar posts down into the sand and clay layer.  What took 1 day for me, was many weeks for my Dad and his brother by hand over 35 years ago.   

The excavator first found and lifted most of the rubble and granite out of...

June 26, 2017

I Stephen Corke and my cousin are the property owner's of the long standing family property located at 165 & 167 Hastings Drive (Lot 58 & 59).  In 2012, my cousin and I inherited the properties and while legally they are two separate lots they have been treated as one family property since they were originally purchased prior to 1985 by our grandparents Mary and Howard Corke.

The Hastings Drive zoning by-law process be...

The Long Point Region Conservation Authority approved this surprisingly elaborate structure on Hastings Drive in Long Point as a dock project. The LPRCA and the owner have since had a disagreement over whether the structure requires a building permit.  

Despite the LPRCA’s reservations, Corke appears to have the Norfolk County building department in his corner. Fritz

Enzlin, Norfolk’s chief building official, has examined the st...

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Stephen Corke

I am the 3rd generation owner of Corke Point and

Long Point Ratepayers' Association Member

(647) 213-1026    

stephen@corkepoint.com

 

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