Order LA93-03D - Planning - Robson S. Herman & Janice L. Moore - Application to Alter Land Identification Agreement (Apr 7, 1993)

ORDER: LA93-3D

IN THE MATTER of the Planning Act, R.S.P.E.I. 1988 Cap. P-8;

and

IN THE MATTER of an application to The Island Regulatory and Appeals Commission (the Commission), pursuant to Section 8.(6) of the Planning Act, whereby Robson S. Herman and Janice L. Moore (the Applicants) have applied to alter a Land Identification Agreement between the Applicants and The Island Regulatory and Appeals Commission that was required by Executive Council Order No. EC478/92.

BEFORE THE COMMISSION

on Wednesday, the 7th day of April, 1993.

John L. Blakney, Vice-Chair
Debbie MacLellan, Commissioner
Myrtle Jenkins-Smith, Commissioner

Order

Reasons for Decision

I. BACKGROUND

On September 14, 1992, the Commission received an application from Janice L. Moore and Herman S. Robson for permission to hold 11.7 acres of land (part of Parcel # 513) under Section 4. of the Lands Protection Act. Parcel # 513 had recently been subdivided into three lots, one of which was being purchased by the Applicants. The Applicants stated that they intended to use the land for a permanent dwelling and continue to use the rest of the land for agricultural purposes.

At its meeting of October 1, 1992, Executive Council accepted the Commission's recommendation and ordered that the application be approved subject to the land being identified for non-development use. (Executive Council Order No. EC478/92).

On March 17, 1993, the Commission received an application from the Applicants to alter the land identification agreement to permit the severance of a one-acre lot (approximate dimensions 233 feet by 195 feet) for residential purposes.

II. EVIDENCE

A. Applicants

Evidence for the Applicants can be summarized as follows:

The Applicants have resided in Seacow Pond, Prince Edward Island since November 7, 1992. They were recently approached by a neighbor, who is a lifetime resident of the area, to sell him a lot for residential purposes. He is getting married and recently inherited a fishing vessel and would like to live near his relatives and the harbour at Seacow Pond.

The Applicants stated that the land that they propose to subdivide is insignificant in terms of agriculture because of its wet and marshy characteristics. The rest of the agricultural land on the parcel will continue to be farmed.

The Applicants indicated that they have no intentions of further subdividing the parcel. They agree to identification of the remainder of the parcel for non-development use.

III. DECISION

Having considered the evidence presented, the Commission decided to deny the alteration proposed by the Applicants.

The Commission notes that the objectives of the Land Identification Regulations are:

Section 3. (a) to preserve agricultural land for agricultural use and to prevent the development of agricultural land for purposes prejudicial to the maintenance of a viable and vigorous agricultural industry in the province; and

(b) to prevent development of land identified for non-development use.

The Commission notes that the property is a part of a subdivision. The original parent property was subdivided into three lots in 1990. Lot # 1, as designated on a plan of survey showing Lot # 1, 2 and 3 being a subdivision of lands of Gerald C. Kent as Trustees prepared by Lotus Surveys Ltd. dated July 25, 1990, was purchased by the Applicants. Also, over the years there has been a significant amount of subdivision and land fragmentation in the immediate area.

Approving the alteration would remove one acre of land from agricultural use or potential agricultural use that, according to the Prince Edward Island Soil Survey, is "suitable for a wide range of agricultural crops".

Furthermore, allowing residential development adjacent to agricultural land, particularly in situations where the owner of the residential lot does not have a direct interest in the agricultural land, may contribute to a conflict between agricultural and non-farm land uses.

The Commission notes that, according to the design of the severance as illustrated on the orthophoto, approval would result in the elimination of road frontage on the remainder of Lot # 1.

It is clear to the Commission that when the Applicants purchased the land, they agreed to identifying the property as a condition of purchase required by Executive Council.

In this particular case, the Commission finds that allowing the alteration for the purposes proposed would be contrary to the objectives of the Land Identification Regulations as stated in Section 3. of the Regulations and that the submission of the Applicants does not warrant allowing the alteration.

IN THE MATTER of the Planning Act, R.S.P.E.I. 1988 Cap. P-8;

and

IN THE MATTER of an application to The Island Regulatory and Appeals Commission (the Commission), pursuant to Section 8.(6) of the Planning Act, whereby Robson S. Herman and Janice L. Moore (the Applicants) have applied to alter a Land Identification Agreement between the Applicants and The Island Regulatory and Appeals Commission that was required by Executive Council Order No. EC478/92.

Order

WHEREAS Robson S. Herman and Janice L. Moore (the Applicants) applied to The Island Regulatory and Appeals Commission (the Commission), in written notice dated March 17, 1993, to alter the Land Identification Agreement between the Applicants and the Commission;

AND WHEREAS the Commission heard the application on April 7, 1993;

NOW THEREFORE, pursuant to the Planning Act;

IT IS DECIDED THAT the application is hereby denied.

DATED at Charlottetown, Prince Edward Island, this 5th day of May, 1993.

BY THE COMMISSION:

John L. Blakney, Vice-Chair

Debbie MacLellan, Commissioner

Myrtle Jenkins-Smith, Commissioner