Docket: LA05006
Order LA05-10

IN THE MATTER of an appeal by Southport Motel and Cottages Ltd. of a decision of the Town of Stratford, dated January 12, 2005.

BEFORE THE COMMISSION

on Thursday, the 29th day of September, 2005.

Brian J. McKenna, Vice-Chair
Weston Rose, Commissioner
Anne Petley, Commissioner

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Order

WHEREAS the Appellant Southport Motel and Cottages Ltd. filed an appeal of a decision of the Respondent Town of Stratford dated January 12, 2005;

AND WHEREAS the parties requested that the Commission hold the matter in abeyance to allow the parties an opportunity to negotiate the matter;

AND WHEREAS the parties, following months of negotiations, requested the Commission to set the matter down for a hearing and the Commission scheduled a hearing for September 28, 2005;

AND WHEREAS by letter dated September 27, 2005, the Respondent's legal counsel advised the Commission that the Respondent concedes the appeal filed by the Appellant and requested that the Commission issue an order overturning the Respondent's decision to deny a request to subdivide the property of the Appellant consisting of parcel numbers 328096, 328062, 679480 and 327973 (a portion of it) into a total of eight lots, plus the residual CDA land with a number of proposed uses as described as follows; Lots R1-R4 single family residential (R1 zone) four lots, Lots R5-R6 multiple family residential (R3 zone) two lots, and Lots C1-C2 general commercial (C1 zone) two lots;

AND WHEREAS the Commission heard the matter at a public hearing conducted in Charlottetown on September 28, 2005;

AND WHEREAS the Commission determined that the Respondent has, in fact, conceded the appeal and that counsel for the Appellant has consented to this action;

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

IT IS ORDERED THAT

1.    The appeal is allowed.

2.    The January 12, 2005 decision of the Respondent's Council pertaining to this matter is hereby quashed.

3.   The Commission hereby orders the approval of the Appellant's request to subdivide the property owned by said Appellant consisting of parcel numbers 328096, 328062, 679480 and 327973 (a portion of it) into a total of eight lots, plus the residual CDA land with a number of proposed uses as described as follows; Lots R1-R4 single family residential (R1 zone) four lots, Lots R5-R6 multiple family residential (R3 zone) two lots, and Lots C1-C2 general commercial (C1 zone) two lots.

DATED at Charlottetown, Prince Edward Island, this 29th day of September, 2005.

BY THE COMMISSION:

Brian J. McKenna, Vice-Chair

Weston Rose, Commissioner

Anne Petley, Commissioner

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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.