Order LA95-14 - LA95014 - Planning Appeal - Fida Enterprises Ltd. v. Town of Stratford (Jul 18, 1995)

Docket LA95014
Order LA95-14

IN THE MATTER of an appeal by Fida Enterprises Ltd. against a decision by the Town of Stratford, dated May 17, 1995.

BEFORE THE COMMISSION

on Tuesday, the 18th day of July, 1995.

Linda Webber, Chair
Anne McPhee, Commissioner

Order

WHEREAS Fida Enterprises Ltd. has appealed a decision of the Town of Stratford to deny an application to rezone property number 299503 from Agricultural Reserve (A1) to Residential Single Family Dwelling (R1);

AND WHEREAS on June 8, 1995 Commission staff requested that the Town of Stratford submit to the Commission all file information relevant to this appeal;

AND WHEREAS the Town of Stratford has failed to submit the file information requested and has indicated its intention not to submit the said information;

AND WHEREAS the Island Regulatory and Appeals Commission Act, and especially Section 8 of the said Act gives authority to the Commission to require the production of such records, books or information as the Commission considers necessary to decide the matter in issue;

AND UPON it appearing to the Commission that in order to decide the matter in issue it is necessary that the said information be provided to the Commission.

IT IS ORDERED THAT

1. The Town of Stratford submit the following to the Commission:

· a copy of the material relevant to the case;

· a copy of the official plan;

· an up-to-date copy of the Subdivision and Zoning Bylaws; and

· an up-to-date copy of the zoning map for the Community.

2. This information shall be submitted on or before July 28, 1995.

DATED at Charlottetown, Prince Edward Island, this 18th day of July, 1995.

BY THE COMMISSION:

Linda Webber, Chair

Anne McPhee, Commissioner

NOTICE

Section 12 of the Island Regulatory and Appeals Commission Act reads as follows:

12. The Commission may, in its absolute discretion, review, rescind or vary any order or decision made by it or rehear any application before deciding it.

Parties to this proceeding seeking a review of the Commission's decision or order in this matter may do so by filing with the Commission, at the earliest date, a written Request for Review, which clearly states the reasons for the review and the nature of the relief sought.

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