Order LA00-07 - Planning Appeal - Drummond v. Municipal Council of the Resort Municipality of Stanley Bridge, Hope River, Bayview, Cavendish and North Rustico (June/00)

Docket: LA00103
Order LA00-07

IN THE MATTER of an appeal by S. Montgomery Drummond against a decision of the Municipal Council of the Resort Municipality of Stanley Bridge, Hope River, Bayview, Cavendish and North Rustico, dated March 1, 2000.

BEFORE THE COMMISSION

on Thursday, the 1st day of June, 2000.

Wayne D. Cheverie, Q.C. Chair
Elizabeth MacDonald, Commissioner

Order

WHEREAS on May 1, 2000, the Island Regulatory and Appeals Commission (the Commission) received an appeal filed by S. Montgomery Drummond (the Appellant) against a decision of the Municipal Council of the Resort Municipality of Stanley Bridge, Hope River, Bayview, Cavendish and North Rustico (the Respondent), dated March 1, 2000;

AND WHEREAS it appears that the decision of the Respondent was to deny the Appellant's application for a building permit to construct four, one storey rental cottages on property number 232892;

AND WHEREAS the Commission's jurisdiction in appeals of this nature is set out in Section 28(1) of the Planning Act (the Act), R.S.P.E.I. 1988, Cap. P-8, which states:

28.(1) Subject to subsection (2),(3) and (4), any person who is dissatisfied by a decision of a council or the Minister in respect of the administration of regulations or bylaws made pursuant to the powers conferred by this Act, may, within twenty-one days of the decision appeal to the Commission. (Emphasis added)

AND WHEREAS the Notice of Appeal was received by the Commission on the 61st day after the Respondent's decision;

AND WHEREAS following receipt of the Notice of Appeal, the Commission invited written comments from the Appellant and the Respondent on the issue of whether the Appellant's right of appeal had expired;

AND WHEREAS both the Appellant and Respondent filed submissions on this issue;

AND WHEREAS the Commission has considered these submissions;

AND WHEREAS the Commission is a creature of statute and only has the authority expressly conferred upon it by the Legislature;

AND WHEREAS the Legislature, through the Act, has clearly stipulated a time limitation for the filing of an appeal as set out in Section 28;

AND WHEREAS the Commission has no authority to waive the provisions of the Act;

AND WHEREAS the date of the decision and the date of the Notice of Appeal are not in dispute;

IT IS HEREBY ORDERED that the Commission is without jurisdiction to hear this appeal.

DATED at Charlottetown, Prince Edward Island, this 1^st day of June, 2000.

BY THE COMMISSION:

Wayne D. Cheverie, Q.C. Chair
Elizabeth MacDonald, 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.