Winsloe South neighbours appeal decision to allow 'rural tourism' lot

Some residents who live on Winsloe Road are concerned plans to subdivide land behind them will cause drainage problems and flooding on their properties.

Kevin Moerike, along with Bob and Joanne Doherty, are hoping theIsland Regulatory and Appeals Commission (IRAC) will overrule a decision by the province to allow a new "rural tourism" lot be created onland owned by Allan and Pamela Tierney.

"We believe the area is just too wet," Moerike said during a hearing before IRAC on Wednesday. "I know as a land owner in the area, water does not run off it very easily."

The Tierneys have not specified what type of development they may do but, according to officials with the province, rural tourism could include a country inn, a bed and breakfast operation or multiple cottages.

Problems with website

Moerikesaid he was on the Municipal Affairs and Provincial Planning websiteregularly waiting to see if the lot would be approved but it was never posted. Whenhe found it, he told the hearing, it was posted in an archived decision section and the 21-day appeal period required by the province had passed.

Jay Carr, the Chief Safety Standards officer for Provincial Planning, told the hearing there had been problems with the government website.

Nicole McKenna, the lawyer for the Tierneys, called the argument about the archived decision a "red herring." She said the Planning Act only requires a decision to be posted on the website.

McKenna arguedresidents did not meet the 21-day appeal period requirement of the province, and that IRACdoesn't have authority or jurisdiction to allow this appeal.

I think we have to look at the bigger picture and the impact this has on the developer. Lawyer for Allan and Pamela Tierney

"I think we have to look at the bigger picture and the impact this has on the developer," she said, noting the Tierneys weren't aware the decision wasn't posted in a timely manner on website.

"Ultimately, they're the ones that will be impacted by this decision."

Ruling could take six months

The chair of IRAC has requested some additional paperwork related to the appeal. It could take six months or longer before a ruling is made.

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