Waring’s Creek group disputes legality of Cold Creek approval

Administrator | Feb 16, 2026 | Comments 1

– Waring’s Creek Improvement Association photo

By Sharon Harrison
The Waring’s Creek Improvement Association (WCIA) has served the Corporation of the County of Prince Edward with notification that it intends to legally challenge its decision to approve the applications of draft plan of sub-division and zoning bylaw amendment for the Cold Creek development.

The 870-unit residential sub-division by Port Picton Homes, bordering Sandy Hook Road/County Road 1 in Picton, was eventually approved by council in February 2025. See that story:

Cold Creek sub-division conditionally approved, with more studies needed

“The WCIA’s claim is that council did not have legal authority to make this decision as the matter was under appeal by Cold Creek, and before the Ontario Land Tribunal (OLT), at the time of the purported council decision,” states WCIA’s new release.

Council had initially deferred the application, then voted against the proposal (despite a recommendation by planning staff to approve it), which was subsequently appealed by the developer at the OLT. Back before council in February 2025, the application was re-considered where council voted to approve the modified application, with conditions.

“As the OLT appeal was still active on that date [February 2025], council lacked the legal authority as the file was before the tribunal,” states the release. “This is contrary to the planning act and the WCIA will challenge it in the Ontario court system.”

Cold Creek sub-division land

As a long-time ally and protector of Waring’s Creek, Prince Edward County’s only cold-water creek, community-based WCIA continue to advocate for the little, but significant creek in their dedication to its on-going rehabilitation, its restoration and its preservation.

“The WCIA is a group of concerned ratepayers organized to help protect one of the County’s most important natural heritage features and environmental resources, as recently defined in the WSP Canada draft report cultural heritage master plan for Prince Edward County.”

While important work on the little creek is often completed quietly, with little funding and without much fanfare, usually by volunteers and concerned experts and community groups, the group has been vocal in recent years when it comes to impending and proposed nearby residential development, close to the creek’s watershed and headwaters.

“Since its founding in 1993, the WCIA has led extensive restoration efforts, including tree plantings, erosion control and habitat improvements, contributing to measurable gains in water quality and eco-system health.”

Freedom of Information request
According to the WCIA website, a freedom of information request to the County made in December 2025 concerning the Cold Creek development was refused.

“That request was refused by the County legal team claiming it was “vexatious” and too much of an administrative burden to complete,” it states.

An appeal is under consideration by Ontario’s Information and Privacy Commissioner, as WCIA notes how the information is in the public domain.

“It is essential to understand why these developments were allowed to proceed with the data provided and to allow transparency between our municipality and the ratepayers.”

Loyalist Heights land

Loyalist Heights development
Both the proposed Cold Creek and the Loyalist Heights residential developments have been on the WCIA’s radar for some time, monitoring these impending (and other existing) sub-division developments in the area as it relates to the potential resulting disturbance of Waring’s Creek.

Located next to the Cold Creek development, Loyalist Heights developer Narisu Huhe (1983358 Ontario Inc.) intends to bring a 396-unit residential sub-division to 13437 Loyalist Parkway in Picton (situated between Sandy Hook Road/County Road 1 and Loyalist Parkway) – for a combined total, including the Cold Creek development, of about 1,400 new homes.

Applications for an official plan amendment, plan of sub-division and zoning bylaw amendment for Loyalist Heights were deferred by council in December 2024 to enable a cumulative groundwater impact study to be carried out.

“We have been party to a three-way mediation process with the County and Loyalist [Heights] over this development,” the websites notes. “The process and content are completely confidential. The settlement reached between the three parties requires that a one-year study process, with WCIA review, be completed before any development can occur.”

Background story on the proposed Loyalist Heights sub-division can be found here:

Loyalist Heights sub-division to be deferred for groundwater impact study

The WCIA has long raised and highlighted concern for the health of this unique creek and the severe disruption that may ensue due to the fragile watercourse as a result of large-scale development happening close by.

It has already been a long and complex saga for WCIA with considerable engagement undertaken with both developers (David Cleave/Port Picton Homes and Narisu Huhe) with the County’s planning department, with councillors and County staff, with hydrogeologists, peer reviewers, stormwater management experts, engineering consultants and others.

There have been studies and research and evaluations, and requests for cumulative impact studies. Local environmental groups have weighed in, and there have been submissions, legal opinion, deputations, expert opinions, comments, discussion, debate, argument, public input and more.

At the source of the concerns surrounding these impending large-scale developments, and key to WCIA’s mandate, is the protection of the water quality and the watershed of Waring’s Creek. Maintaining the functionality of the water course and the sensitive habitat is paramount for humans and wildlife and birdlife alike who rely on it for food, water, habitat, nesting and so forth.

“The association believes that local community action can have lasting environmental impact -locally and beyond- and continues to advocate for planning decisions that respect ecological science and long-term watershed sustainability.”

Servicing hundreds of wells in the Sandy Hook Road/County Road 1 area, Waring’s Creek also remains a critical part of the livelihood for many. The worry for the association is what effect large-scale development, within metres of the water course, may have on this ecologically-important watershed, and concern that not if it will be harmed, but to what extent it may be destroyed if massive development goes ahead.

“WCIA hopes that this action [legally challenging the Cold Creek approval decision] will lead to a re-set of the project to ensure that the development, which will otherwise proceed without the required environmental study, does not degrade the Waring’s Creek and its aquifer.”

Water quality sampling
In December 2025, stream and landscape ecologist Les Stanfield with WCIA, undertook independent sampling of an artesian spring and wells along Sandy Hook Road. In the water quality survey of the groundwater table west of Sandy Hook Road, it was found that the Waring’s Creek aquifer exceeds provincial and national levels of contaminants. That story can be found here: