Municipal appeal boards up and running

Jack Byrne, Minister of Municipal and Provincial Affairs, announced today that appeal boards for Eastern, Central and Western regions are fully operational and are hearing appeals. Appointments to these boards were made in the late spring. The Eastern and Western appeal boards have been operating since early June whereas the Central appeal board will likely have its first appeal hearing in the fall. The appointment of an appeal board to service Labrador is now under review and is dependent on the number of appeals received from the region. As an interim measure, the Western Appeal Board will also service Labrador.

"These appeal boards are a very important component of our democratic society," said Minister Byrne. "Residents or groups have this avenue to take if they don�t agree with a decision on a development application by their respective councils. Most appeals are filed because councils refused a permit, added conditions to a permit, issued an order or issued a permit. With these appeal boards now operational, residents who feel aggrieved by a decision of council, have a mechanism to have their concerns heard by an independent group and have a decision rendered."

Appeal boards hear appeals arising from any decision made under the town�s Development Regulations, Occupancy and Maintenance Regulations and/or Interim Development Regulations; an order issued under the Urban and Rural Planning Act, Municipalities Act, the City of Mount Pearl Act or the City of Corner Brook Act; a decision to refuse a building permit under the Municipalities Act; or decisions made under any other Act or regulations where designated.

The boards can confirm, reverse or vary a council�s decision in accordance with legislation and the municipality�s plan and regulations. They have the authority to impose conditions and to direct council to carry out decisions made by the respective appeal board. However, the appeal boards cannot overrule a discretionary decision a council makes where discretion was used correctly.

"It is incumbent upon councils that when they make a decision on an applicant�s permit, they must state their reasons for refusing or placing conditions on the permit," said Minister Byrne. "Councils also have to tell the applicant that the decision can be appealed, how to file an appeal and all the conditions associated with filing an appeal."

These appeal boards serve all municipalities in Newfoundland and Labrador with the exception of the cities of St. John�s and Corner Brook. These two municipalities administer their own local boards of appeal.

Media contact: Vanessa Colman-Sadd, Communications, (709) 729-1983

2004 08 17                                         2:15 p.m.