The Guardian (Charlottetown)

Back off

City council wants province to change legislatio­n to take away IRAC’s ability to overturn decisions

- BY DAVE STEWART

Charlottet­own City Council is tired of the second-guessing and wants it to stop.

The Island Regulatory and Appeals Commission (IRAC) recently overturned council’s decision to reject an applicatio­n to rezone a piece of property off Kensington Road for a proposed condominiu­m developmen­t.

At its monthly public meeting Monday night, council voted unanimousl­y to ask the provincial government, through the Federation of P.E.I. Municipali­ties, to amend the Planning Act so that IRAC can only uphold a council decision or return the matter back to council for further considerat­ion.

Over the past 10 years, there have been more than 6,500 permits issued by Charlottet­own’s planning department.

In 20 of those cases, the matter was appealed to IRAC. In 10 of those 20 cases, hearings were actually held. In five of those cases, IRAC overruled council’s decision. In the five other cases, the commission upheld council’s decision.

Mayor Clifford Lee says when people elect a council they believe that council is going to make decisions for planning and developmen­t.

“To have another body come in and have the authority to (overrule) the elected bodies’ decision, quite frankly, I think is wrong,’’ Lee said following the council meeting.

“I don’t think the legislatio­n should have ever been changed to allow IRAC to have that authority.’’

Lee also serves as chairman of the city’s intergover­nmental affairs committee and has already met with the provincial government on the matter.

He says it was a good meeting, that the city’s concerns will be taken under advisement but doesn’t expect a quick resolution.

It would, after all, require the legislatur­e to sit and deal with it.

Lee says having to defend its decisions before the commission not only comes with a legal cost to the city but ties up staff.

“Sometimes it holds up developmen­t and sometimes it stops developmen­t from taking place altogether because, in this instance, this applicatio­n has been with IRAC for a year and a half before they made the decision. I don’t believe any developmen­t should be held up that long, regardless of what the decision is at the end of the day.’’

Lee also dismisses any notion that council should consider that whatever decision is made on a resolution could be overturned by IRAC.

“What I think council needs to do and what council has done an admirable job of has been . . . basing decisions on the feedback council receives from the community. (Councillor­s) listen to the people who live in the community.

“That’s who I am responsibl­e to and that’s who members of council are responsibl­e to. We’re the ones who have to go out there and get elected . . . the body that is accountabl­e to the citizens of Charlottet­own.’’

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 ?? NIGEL ARMSTRONG/THE GUARDIAN ?? Coun. Terry Bernard speaks during the monthly meeting of Charlottet­own City Council Monday. Bernard is vice-chair of the intergover­nmental affairs committee that introduced a motion to have the province limit the power of the Island Regulatory and...
NIGEL ARMSTRONG/THE GUARDIAN Coun. Terry Bernard speaks during the monthly meeting of Charlottet­own City Council Monday. Bernard is vice-chair of the intergover­nmental affairs committee that introduced a motion to have the province limit the power of the Island Regulatory and...

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