Shocked by ruling
Ball back in Bradburys’ court
Walter and Debra Bradbury are pondering their next move after losing their appeal before the Eastern Newfoundland Regional Board to construct a single dwelling on unserviced land on a nameless dirt road in Carbonear.
In its ruling Oct. 8, the board confirmed the town council’s earlier decision to deny the Bradburys’ application for a permit to build a single dwelling on a connector road which links English Hill with Bunker Hill.
Asked if they were surprised by the outcome, Walter Bradbury told The Compass last Friday night, they were, “shocked because we really believed we had won our case. Oh man, this is crazy!”
Having been refused their application by the town and losing their appeal before the board, it appears the Bradburys have only one recourse left open to them — the Supreme Court.
The board told the couple that under section 46 of the Urban and Rural Planning Act, 2000, “a decision of a board may be appealed to the Supreme Court of Newfoundland and Labrador Trial Division on a question of law or jurisdiction.”
If the Bradburys are contemplating such action, they don’t have much time. In its decision, the board stated: “If this (Supreme Court) action is contemplated, the appeal must be filed no later than ten days of the date of the board’s decision has been received by the appellant.” The decision was reached and dated Oct. 8, 2009.
Walter Bradbury said they would be consulting their lawyer on the matter on Monday to find out if he thinks they have sufficient grounds to take their case to the highest court in the province.
As part of their campaign, the couple collected 1,011 names on a petition, urging the town council to grant them their permit to build.
Since April the Bradburys have been living in a (fifth wheel) trailer on their property overlooking the town. Town Administrator Cynthia Davis told The
Compass last week council is flexible in allowing people to use their trailers as temporary accommodations while visiting friends or relatives in town for a few days during the summer. But a trailer is not a permitted use as a dwelling for extended periods of time, and the Bradburys have been advised of that town regulation.
Walter Bradbury confirmed that they received
“We were shocked because we really believed we had won our case. Oh man, this is crazy!”
— WALTER BRADBURY, CARBONEAR
a letter from the town Aug. 18 advising them that the use of a trailer as a residence was in contravention of a town by law.
Debra Bradbury also ran for a seat on the Carbonear Town Council in the Sept. 29 municipal general election. She garnered 637 votes, placing ninth among 17 candidates for council, and coming within 222 votes of a council seat.
But Walter Bradbury said they viewed the support as “an indication of how the people of Carbonear wanted the town council to rule (in their favour).”
Only mayor Sam Slade, who has already declared a conflict of interest in the Bradbury affair, and councillor Gladys Mercer are returning from the former council.
Believing that some of the old councillors were dead set against their application, the Bradburys say they are encouraged by the changes and the new blood on council.
“We really believe this new council is going to solve our problem in our favour,” Walter Bradbury told The Compass.
Carbonear’s new council is scheduled to hold its first regular public meeting Monday, Oct. 19 at 7:30 p.m. and the Bradburys say they plan to be there.
Cynthia Davis said last Thursday, as far as she knew then, the Bradburys’ case would not be on the agenda for that first meeting.