Docket LA94043
Order LA95-09IN THE MATTER of an appeal by Bryan Chappell against a decision by the Department of Provincial Affairs and Attorney General dated December 5, 1994.
BEFORE THE COMMISSION
on
Friday, the 21st day of April, 1995.John L. Blakney, Vice-Chair
James Nicholson, Commissioner
Carl Riggs, Commissioner
Order
WHEREAS
Bryan K. Chappell (the Appellant) appealed the decision of the Department of Provincial Affairs and Attorney General (the Department) to deny the subdivision of a lot from parcel number 222810 at North Bedeque;AND WHEREAS
the Commission heard the appeal at a public hearing conducted in Charlottetown on April 21, 1995 after due public notice;AND WHEREAS
the Commission has issued an oral decision,FOR THE REASONS
given at the hearing;NOW THEREFORE
, pursuant to the Island Regulatory and Appeals Commission Act and the Planning ActIT IS ORDERED THAT
1. The appeal is hereby dismissed.
DATED
at Charlottetown, Prince Edward Island, this 21st day of April, 1995.BY THE COMMISSION:
John L. Blakney, Vice-Chair
James Nicholson, Commissioner
Carl Riggs, 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.