UARB dismisses boarding kennel complaint
SYDNEY — A Cape Breton kennel operator’s appeal to the Nova Scotia Utility and Review Board alleging a Cape Breton Regional Municipality decision has given a competitor an unfair advantage has been dismissed.
At its Nov. 19 meeting, council voted 10- 1 to approve Crate Escape owner Nicole Campbell’s request to amend its land-use bylaw to allow her dog daycare enterprise to offer boarding on an overnight basis.
Peter and Michele Thompson, co-owners of Paws Awhile and Dream Kennels, a full- service canine facility located on Landry Crescent off Mira Road, appeared before council at the November public hearing to oppose the application and later filed an official appeal with the UARB, the regulatory body that hears appeals of municipal government decisions.
In December, Peter Thompson told the Cape Breton Post he believed the decision in question gave Crate Escape a huge advantage over its competitors. He also maintained that years ago when he inquired about setting up a dog daycare and kennel within Sydney boundaries, he was essentially told he could not.
“While the board appreciates these concerns, the Thompsons did not identify any policy in the municipal planning strategy touching upon them,” the UARB decision states. “The board’s jurisdiction is limited, and it may only interfere with council’s decision if it does not reasonably carry out the intent of the strategy. It may be the case that planning decisions prove to impact certain constituents more than others, but if they reasonably carry out the intent of the municipal planning strategy, such decisions must be left to the municipality’s elected officials.
"It may be possible to interpret the municipal planning strategy in a way that would have led to a different outcome than what the municipality decided,” the utility and review board’s decision also reads. “However, the choice between different reasonable interpretations is not within the board’s authority and must be left to CBRM council. The appeal must therefore be dismissed.”
The decision also noted the board found council’s decision “reasonably carries out the intent” of its municipal planning strategy.
“Although the municipal planning strategy considers agricultural uses involving kennels an inappropriate type of development within urban communities, the board finds that the municipality reasonably interpreted and applied its municipal planning strategy to determine that the serviced part of the KBC (Keltic Drive business corridor) zone is not an urban community.”
The hearing of the appeal took place July 2- 3, and saw the Thompsons testify on their own behalf.
They also subpoenaed CBRM Coun. Steve Gillespie as a witness.
The municipality called Karen Neville, a planner employed in CBRM’s planning department, and Malcolm Gillis, a former director in the planning department.
The Campbells elected to call no evidence at the hearing.
Instead, they relied upon the evidence provided by Neville and Gillis, according to the board decision. Campbell confirmed that the information she provided to the board in advance of the hearing was intended to be submissions, and not evidence in the proceeding.
The board undertook a site visit on Aug. 4, visiting the KBC zone and other parts of the CBRM.
Its final decision was released on Sept. 17.