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Order

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Contents

Appearances & Witnesses

Reasons for Order

1.    Introduction

2.    Discussion

3.    Findings

4.    Disposition

Order

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Appearances & Witnesses

1.  For the Appellant J. Anne Nicholson

Written submissions filed by J. Anne Nicholson

2.  For the Respondent Community of Lower Montague

Written submissions filed by Nial S. MacKay, Development Officer

3.  For the Developer John Currie

Notified by the Commission, no submissions received. 

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Reasons for Order

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1. Introduction

[1]  On August 3, 2015, the Appellant J. Anne Nicholson (the "Appellant") filed a Notice of Appeal with the Island Regulatory and Appeals Commission (the "Commission") under section 28 of the Planning Act, R.S.P.E.I. 1988, Cap. P-8, (the Planning Act).   

[2]  The Appellant appealed a decision of the Respondent Community of Lower Montague (the "Respondent") to issue a building permit to the Developer John Currie for a private garage on parcel number 599084 in the Community of Lower Montague.  The Appellant had indicated on her Notice of Appeal that the Respondent's decision date was May 11, 2014.  Upon receipt of the file from the Respondent, it became apparent that the decision date was actually October 6, 2014. 

]3]  On August 5, 2015 the three parties to the appeal were notified of the receipt of the appeal.  The parties were also notified that the Commission had identified a jurisdictional issue, specifically that the appeal was filed beyond the twenty-one day appeal period set out in section 28 of the Planning Act.  Submissions were invited from the parties and were received from the Respondent on August 24, 2015 and the Appellant on August 28, 2015.  No submissions were received from the Developer. 

[4]  Following repeated requests from Commission staff, the Respondent provided the Commission with a copy of the Respondent's file record on October 6, 2015.  The file was distributed by the Commission to the Appellant and the Developer that same day. 

[5]  Although Commission staff made repeated requests for additional information from the Appellant and the other parties in the months which followed, no further response was received from the Appellant or any of the other parties.

2.  Discussion

[6]  The Commission reviewed the submission of the Appellant as set out in her letter of August 28, 2015, the response of the Community of Lower Montague as contained in an email from the Respondent's Development Officer and the file record of the Respondent. The evidence is clear that the decision of the Respondent was issued on October 6th, 2014 and that the Appellant did not file her appeal with the Commission until August 3, 2015.

3.  Findings

[7]  The Commission finds that it does not have the jurisdiction to hear this appeal for the reasons that follow. 

[8]  The Commission must review the applicable law and the facts in order to determine whether it has the jurisdiction to hear the appeal. 

[9]  Subsection 28.(1.3) of the Planning Act sets out the time limitations for filing an appeal: 

A notice of appeal must be filed with the Commission within 21 days after the date of the decision being appealed. 

[10]  The Community of Lower Montague issued a building permit to the Developer on October 6, 2014.  The Appellant filed an appeal of this decision on August 3, 2015, nearly ten months after the decision had been made.    

[11]  The Commission finds that the Appellant's Notice of Appeal was filed well beyond the statutory twenty-one day appeal period and accordingly, the Commission is without jurisdiction to hear this appeal.

4.  Disposition

[12] The appeal is denied. As the appeal was not filed within 21 days after the date of the decision, the Commission has no jurisdiction to hear the appeal.

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