Order LA94-14 - LA94023 - Planning Appeal - George Gaudet on behalf of Concerned Residents v. Southport Community Council (Oct 28, 1994)

DOCKET LA94023
ORDER LA94-14

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

and

IN THE MATTER of an appeal, under Section 28 of the Planning Act, by George Gaudet, on behalf of concerned citizens (the Appellants) against a decision of the Southport Community Council (the Community) to approve an application to subdivide a parcel of land located at the intersection of Marjorie Crescent and Millbrook Drive, Southport, P.E.I.

DATED the 28th day of October, 1994.

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

ORDER

APPELLANTS AND RESPONDENTS

For the Appellants George Gaudet

For the Southport Community Council John Mitchell, legal counsel

For the Developers, Floyd and Joyce Wood John McMillan, legal counsel

Order

WHEREAS on September 19, 1994, the Respondent, John McMillan, on behalf of the developers, filed with the Commission a request for specifics as to the reasons for the appeal and specifics as to the order the Appellants are requesting the Commission to make;

AND WHEREAS on October 11, 1994 the Appellants filed a response to this request that is vague and unspecific and in no way enables the Respondent to prepare for the appeal;

AND WHEREAS the Commission concludes that the failure to file detailed and specific grounds of appeal and specifics as to the order the Appellants are requesting the Commission to make, will make the Respondent unable to prepare for the appeal and as a result will cause either unnecessary delays in the hearing or an unfair hearing for the Respondent;

IT IS ORDERED THAT: 1). The Appellants file, within 7 days of the date of this Order, details of the grounds of appeal and specifics as to the order the Appellants are requesting the Commission to make in this matter, sufficient to enable the Respondent to prepare for the appeal; and 2). if the Appellants fail to file this information or file information that in the opinion of the Commission continues to be vague and unspecific and unclear as to the grounds of appeal and specifics as to the order the Appellants are requesting the Commission to make, the appeal will be dismissed.

DATED at Charlottetown, Prince Edward Island, this 28th day of October, 1994.

BY THE COMMISSION:

John L. Blakney, Vice-Chairman

Myrtle Jenkins-Smith, Commissioner

Debbie MacLellan, Commissioner