Order LA94-11 - Planning - Official Plan - West Royalty (Jul 22, 1994)

DOCKET West Royalty Official Plan
DECISION LA94-11

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

and

IN THE MATTER of an intervention filed by Enterprise P.E.I., concerning a submission by the Community of West Royalty to The Island Regulatory and Appeal Commission pursuant to Section 14.(2)(b) of the Planning Act, to approve the Community of West Royalty Official Plan, 1994.

Dated the 22nd day of July, 1994.

Linda Webber, Chairman
John L. Blakney, Vice-Chairman
Anne McPhee, Commissioner

Decision

Pursuant to Section 14.(2)(b) of the Planning Act, Official Plans are submitted by municipal councils for the Commission's approval.

In the process of approving the Official Plan for the Community of West Royalty the Commission notified the public and invited public comment on the Official Plan.

The Commission received one submission from Shawn A. Murphy on behalf of Enterprise P.E.I. Enterprise P.E.I. objected to the Commission approving the Official Plan submitted by the Community Council of West Royalty and requested the Commission to conduct whatever inquiries or hearings were necessary to determine the appropriateness of certain provisions in the Plan.

On July 7, 1994 the Commission met with representatives from Enterprise P.E.I. and the Community of West Royalty.

Officials representing Enterprise P.E.I. proposed three options to the Commission: the first was a request for the Commission to delay its decision on approving the Official Plan until such time as the City of Charlottetown amalgamated with other communities including the municipality of West Royalty. Mr. Murphy stated that if the Commission was willing to delay its decision, Enterprise P.E.I would request the new Council (for the amalgamated City) to rezone certain parcels to the north of the present industrial park from residential to industrial. The second option was for the Commission to deny approval of the Official Plan as submitted and the third option was to order the Community to revise the Official Plan to allow for the rezoning of certain parcels to industrial.

The Commission is required to consider the Official Plan pursuant to the provisions of Section 14(2)(b) of the Planning Act.

Section 14(2): Following the adoption of the official plan by the council, the plan

(b) shall be submitted to the Commission for approval accompanied by a copy of the notice given under subsection 11(2) and a copy of the minutes of the public meeting.

Therefore, with respect to the first option, the Commission finds that it is required pursuant to the provisions of the Planning Act to consider and approve an official plan properly submitted to it by a council and the Commission does not believe it can defer the matter to a new city council which may or may not be created.

Considering the second and third options, the Commission believes that Council has thoroughly considered the issues raised by Enterprise P.E.I., following the procedures required by the Act, and the elected officials have reached a decision albeit not the decision desired by Enterprise P.E.I. - to allow expansion of the Industrial Park to the west with the arterial highway serving as a natural buffer to the north.

Although the Commission understands the position and concerns of Enterprise P.E.I., the Commission is reluctant to interfere with the municipal planning process as instituted by the Community of West Royalty. In cases where the Commission finds that the planning process is faulty, the Commission can deny approval of an Official Plan. However, in the matter before us, the Commission finds, after reviewing the Official Plan and accompanying documents, that the Community has developed the Official Plan in accordance with the requirements prescribed by the Planning Act. In the Commission's view the Community Council has acted fairly and properly considered input from the public, including the concerns expressed by Enterprise P.E.I.

The Commission finds that Section 3.4 of the Official Plan addresses industrial development and specifically sets out the following goal:

The goal of the Community of West Royalty is to strictly monitor and regulate industrial development and to promote it where it is an appropriate land use.

Section 3.4 also sets out specific objectives, policies and plan actions pertaining to industrial development. Clearly the Community has considered the matter of industrial development and it would be inappropriate for the Commission to substitute its decision on this matter for that of the Community Council.

During the meeting the Community Council stated that those areas designated as Comprehensive Development Area would allow expansion of the industrial park. The Commission finds that Council will have to first revise the Official Plan to allow industrial development in the Comprehensive Development Area and to revise Section 16.2 of the bylaw to allow industrial development as a permitted use.

In the result, pursuant to the provisions of Section 14.(2)(b) of the Planning Act, the Commission hereby approves the West Royalty Official Plan subject to Council revising it to allow industrial development in the Comprehensive Development Area. The Commission will issue a Certificate of Approval upon confirmation by Council that the appropriate revisions have been made. The Commission notes that consequential revisions will have to be made to the bylaw.

BY THE COMMISSION:

LINDA WEBBER, CHAIRMAN

JOHN L. BLAKNEY, VICE-CHAIRMAN

ANNE McPHEE, COMMISSIONER