Shocked by rul­ing

Ball back in Brad­burys’ court

The Compass - - FRONT PAGE - BY BILL BOW­MAN

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.

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