
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