Miltonvale Park loses appeal

A family using fill in Miltonvale Park has won an IRAC appeal

A dispute over dumping fill on land in Miltonvale Park has been decided in the property owner’s favour.

Phillip O’Halloran and his father Oscar took the dispute to the Island Regulatory and Appeals Commission (IRAC) after the Community of Miltonvale Park denied permits to put fill on their property.

After holding a hearing, IRAC ordered Miltonvale to grant the permit.

The O’Hallorans argued they were trying to improve their property and had taken steps to deal with residents’ concerns, such as installing signs to warn trucks against slamming their tailgates to avoid excessive noise.

Miltonvale Park argued it suspended a permit it had issued because the O’Hallorans contravened a development agreement.

The community’s evidence included 19 alleged contraventions of conditions of the development agreement and related permits.

In its decision, IRAC found ruled it does have the power to substitute its decision for that of a municipality if it didn’t follow the proper procedures or apply sound planning principles.

There was insufficient evidence to warrant denying a development permit, the commission said.

It granted the appeals and ordered Miltonvale Park to issue a development permit.