Order LA05-03 - Docket LA04033 - Planning Appeal - Moore v. City of Summerside (April 14, 2005)

Docket: LA04033
Order LA05-03

IN THE MATTER of an appeal filed by John Moore concerning a decision of the City of Summerside dated November 15, 2004.

BEFORE THE COMMISSION

on Thursday, the 14th day of April, 2005.

Brian J. McKenna, Chair
Kathy Kennedy, Commissioner
Anne Petley, Commissioner

Order

WHEREAS the Appellant John Moore on December 3, 2004 filed an appeal of the Respondent City of Summerside's November 15, 2004 decision to approve five resolutions pertaining to a proposed five storey condominium development;

AND WHEREAS in Order LA04-08 the Commission denied appeals filed by the Appellant and other appellants pertaining to the same proposed five storey condominium development, said denial subject to the Respondent following three requirements set out by the Commission in paragraph 23 of Order LA04-08;

AND WHEREAS on January 13, 2005 the Commission received certified copies of documents from the Respondent in fulfillment of the third requirement specified in paragraph 23 of Order LA04-08;

AND WHEREAS the Commission provided the parties with an opportunity to file written submissions on the present appeal and said submissions were received by the Commission from both parties on March 31, 2005;

AND WHEREAS the Commission has reviewed the submissions of the parties and all documents filed by the parties concerning this matter;

AND WHEREAS subsection 28(10) of the Planning Act R.S.P.E.I. 1988, Cap. P-8 reads as follows:

(10)  The council or the Minister, as the case may be, shall implement an order made by the Commission.

AND WHEREAS Order LA04-08 identified procedural deficiencies which the Commission had determined could be rectified by the Respondent following the requirements set out in paragraph 23 of said Order;

AND WHEREAS the Commission finds that the Respondent has now met all the requirements set out in Order LA04-08;

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

IT IS ORDERED THAT

1.    The Commission hereby confirms that all of the requirements contained in Order LA04-08 have been satisfied.

2.    The Respondent's decision of November 15, 2004 was made to implement the requirements the Commission ordered in Order LA04-08 and Appeal LA04033 is hereby denied.

DATED at Charlottetown, Prince Edward Island, this 14th day of April, 2005.

BY THE COMMISSION:

Brian J. McKenna, Chair

Kathy Kennedy, 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.