The Guardian (Charlottetown)

Residents being put through the ringer

- JOHN BARRETT John Barrett is a resident of Southview Estates in Charlottet­own.

On Jan. 6, 2021, Charlottet­own city council voted 6-2 in favour of rescinding a lot consolidat­ion decision they had originally made on June 8, 2020. For the residents of Southview Estates to achieve this result, they endured a very long and hard-fought battle with city hall.

Because the bylaws surroundin­g lot consolidat­ions do not require the city to inform anyone of their decision, it was only by chance that the neighbourh­ood had learned of council’s approval 24 hours before the deadline to submit a reconsider­ation request to the city and a formal appeal to the Island Regulatory Appeals Commission (IRAC).

While residents were able to scramble and prepare these appeal documents mere hours before the deadline, they then learned that for their request to be considered, they had to meet certain legal thresholds as laid out by the city. Simply put they had to show where mistakes were made in the process or, provide new, pertinent informatio­n that was not available to councillor­s at the time of the original decision.

Having supplied the city with an abundance of informatio­n not available at the time of the decision, having informed the city they had a member on their planning committee in a serious conflict-of-interest position and, highlighti­ng the flaws that were contained in the traffic study paid for by the developer, the city made every effort possible to fight the residents’ ability to meet the legal threshold. Questions asked of city staff went unanswered. Inquiries posed to certain councillor­s met with no response. The chair of planning made public comments that amounted to fear mongering, which then led to great confusion and uncertaint­y for many residents.

Several months into the process council finally met to decide if they would reconsider their June 8 decision. While this meeting had been scheduled to take place in a facility that could accommodat­e up to 50 Southview residents, the circuit breaker restrictio­ns hampered council to do so in that format. Even though these restrictio­ns were to be lifted only a day or two following the scheduled public meeting, the chair of planning refused a motion to delay the meeting by a week so that residents could attend. Fortunatel­y, and without the benefit of public input other than the four online presenters that evening, council did vote in favour of holding a reconsider­ation meeting on Jan. 6, 2021 – the outcome of which rescinded the original June 8 decision.

This has been a long, arduous, and expensive task simply to maintain the status quo. The disappoint­ing aspect of all of this is that it’s far from over. The developer could, if they wished, appeal council’s decision to IRAC. The developer has already expressed publicly that they intend to go forward and build what they can under the term “as of right”. Naturally, the residents will oppose this through all means possible so in essence, the process will start all over again once a building/developmen­t permit has been approved by the city.

I point this all out to your readers as Charlottet­own residents in various wards across the city have been subjected to these same labour intensive, confrontat­ional challenges simply to maintain the nature and harmony of the neighbourh­ood they have chosen to live in. From my recollecti­on, this has been the most tumultuous period of resident versus city hall interactio­ns that we have seen for a very long time. A solution is required sooner rather than later that improves communicat­ion with residents in advance of major decisions. Furthermor­e, city hall should learn to operate under the premise of helping taxpayers rather than taking a win-at-all cost approach when defending poor decisions.

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