Order - LL92-05 - Planning Appeal - Elwin Jay v. East Royalty Community Council (Jul 8, 1992)

ORDER LL92-5

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 Elwin Jay Holdings Inc., (the Appellant) against a decision whereby the Community Council of East Royalty (the Council) denied Elwin Jay, the President of the Company a building permit to allow the continued removal of 4" - 6" of topsoil from a vacant 23 acre parcel of land (Provincial Property Number 736926) located on the MacWilliams Rd., Community of East Royalty, Queens County.

APPEAL HEARD BEFORE:

Linda Webber, Chairman
John L. Blakney, Vice Chairman
Myrtle Jenkins - Smith, Commissioner

Date of Order: July 8, 1992

Order

WHEREAS Elwin Jay Holdings Inc. (the appellant) appealed to the Island Regulatory and Appeals Commission (the Commission), in written notice dated April 15, 1992, against a decision of the Community Council of East Royalty;

AND WHEREAS the Commission heard the appeal at public hearings conducted at Charlottetown on May 26, 1992, after due public notice;

AND WHEREAS the Commission believes it appropriate to allow immediate removal of the topsoil presently stockpiled on the site and as a result the Commission is issuing this order without reasons;

NOW THEREFORE, pursuant to the Planning Act;

IT IS ORDERED THAT the East Royalty Community Council issue a building permit to allow removal of the topsoil that is presently stockpiled on the site, by estimate approximately 5,400 cubic yards. The appellant is required to meet all provisions of the Environmental Protection Act and all necessary permits required to allow the removal of the stockpiled material.

FURTHER to this order nothing is to be interpreted to mean that any other building permits should be issued to permit continued excavation of the site for purposes of removing topsoil.

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

DATED at Charlottetown, Prince Edward Island, this 8th day of July, 1992.

BY THE COMMISSION:

Linda Webber, Chairman

John L. Blakney, Vice-Chairman

Myrtle Jenkins-Smith, Commissioner