Order LA95-17 - LA95027 - Planning Appeal - Harold J. & Carmella McRae v. Dept. of Provincial Affairs & Attorney General (Oct 23, 1995)

Docket LA95027
Order LA9517

IN THE MATTER of an Appeal by Harold J. McRae and Carmella McRae against a decision by the Department of Provincial Affairs and Attorney General, dated September 5, 1995.

BEFORE THE COMMISSION

on Monday, the 23rd day of October, 1995.

John L. Blakney, Vice-Chair
Debbie MacLellan, Commissioner
Emmett Kelly, Commissioner

Order

WHEREAS Harold J. McRae and Carmella McRae have appealed a decision by the Department of Provincial Affairs and Attorney General, dated September 5, 1995 to grant a building permit to Karen Traverse at Mill River East;

AND WHEREAS the Commission heard the appeal at a public hearing conducted in Summerside on October 19, 1995 after due public notice;

AND WHEREAS the Commission has issued this Order without reasons;

REASONS for this order will be issued at a later date;

NOW THEREFORE, pursuant to the Island Regulatory and Appeals Commission Act and the Planning Act;

IT IS ORDERED THAT

1. The Commission confirms the decision of the Minister to issue the building permit, subject to amending the conditions of the permit with respect to the location of the highway access driveway. The Commission requires the location of the access to be located in accordance with Schedule C of the Planning Act Regulations and in accordance with the profile (Exhibit D12) as submitted by the Department of Transportation and Public Works.

2. Accordingly, the appeal from the decision of the Minister to issue the building permit is denied.

DATED at Charlottetown, Prince Edward Island, this 23rd day of October, 1995.

BY THE COMMISSION:

John L. Blakney, Vice-Chair

Debbie MacLellan, Commissioner

Emmett Kelly, 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.