Order LA03-06 - Docket LA03004 - Planning Appeal - Michael Werner v. City of Summerside (Oct. 30, 2003)

Docket: LA03004
Order LA03-06

IN THE MATTER of an appeal by Michael Werner against a decision of the City of Summerside, dated March 3, 2003.

BEFORE THE COMMISSION

on Thursday, the 30th day of October, 2003.

Maurice Rodgerson, Vice-Chair
Weston Rose, Commissioner
Anne Petley, Commissioner

Order

WHEREAS on March 17, 2003, the Commission received a Notice of Appeal from Michael Werner (the Appellant) against a decision of the City of Summerside (the Respondent), dated March 3, 2003, to issue a building permit to Alex Migallo (the Developer) for new construction of a fence on Provincial Property Number 302125;

AND WHEREAS subsection 28(5) of the Planning Act (the Act), R.S.P.E.I. 1988, Cap. P-8 requires a Notice of Appeal to state the grounds of appeal and the relief sought;

AND WHEREAS the Appellant's Notice of Appeal states the grounds of appeal as “fence is too close to drainage ditch which runs parallel to fence”;

AND WHEREAS Commission staff requested the Appellant to provide particulars as to which portion of the Respondent's Zoning Bylaw SS-15 relates to the placement of a fence near a drainage ditch or a drainage system;

AND WHEREAS written submissions were received from the Appellant and the Respondent concerning the grounds stated by the Appellant;

AND WHEREAS the Appellant provided written details and photographs detailing his concerns about the fence in question but did not identify any provisions of the Respondent's bylaw addressing the placement of a fence near a drainage ditch, drainage system or storm sewer system;

AND WHEREAS the Respondent submitted that there were no grounds for appeal, as no bylaw was offended by the building of the fence;

AND WHEREAS the Commission has been unable to locate any section of the Respondent's bylaw which would relate to the grounds of appeal stated in the Notice of Appeal;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Planning Act

IT IS ORDERED THAT

1. The Appeal has failed to establish grounds for the appeal to proceed.

DATED at Charlottetown, Prince Edward Island, this 30th day of October, 2003.

BY THE COMMISSION:

Maurice Rodgerson, Vice-Chair

Weston Rose, Commissioner

Anne Petley, Commissioner

NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

Sections 13.(1) and 13(2) of the Act provide as follows:

13.(1) An appeal lies from a decision or order of the Commission to the Appeal Division of the Supreme Court upon a question of law or jurisdiction.

(2) The appeal shall be made by filing a notice of appeal in the Supreme Court within twenty days after the decision or order appealed from and the Civil Procedure Rules respecting appeals apply with the necessary changes.