DOCKET LA94023
ORDER LA95-01

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 certain residents and landowners (the Appellants) against a decision whereby the Southport Community Council (the Community) approved an application to subdivide a parcel of land located at the intersection of Marjorie Crescent and Millbrook Drive in Southport.

DATED the 16th day of March, 1995.

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


Order


WHEREAS George Gaudet on behalf of certain residents and landowners (the Appellants) appealed to The Island Regulatory and Appeals Commission (the Commission), in written notice dated August 11, 1994, against a decision of the Southport Community Council (the Community);

AND WHEREAS the Commission heard the appeal at a public hearing conducted at Charlottetown on December 5 and 7, 1994 and March 13, 1995 after due public notice;

AND WHEREAS the Commission issued an oral decision;

FOR THE REASONS given at the hearing,

IT IS ORDERED THAT the appeal is hereby dismissed.

DATED at Charlottetown, Prince Edward Island, this 16th day of March, 1995.

BY THE COMMISSION:

John L. Blakney, Chairman

Debbie MacLellan, Commissioner


NOTE:

Sections 13.(1) and 13.(2) of the Island Regulatory and Appeals Commission 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 the Civil Procedure Rules respecting appeals apply with the necessary changes.