“Today we are launching our new searchable databases that will allow all Islanders electronic access to decisions which will affect their communities,” said Minister Bertram. “From now on, all appealable planning decisions from both the provincial and municipal orders, will be posted on our new database.”
The webpage, PEI Planning Decisions, is located on the Provincial Government website under the Department of Communities, Cultural Affairs and Labour at www.peiplanningdecisions.ca. The public can view planning decisions regarding Preliminary Approval and Final Approval of Subdivisions, Development Permits, Official Plan Amendments or Zoning Bylaw Amendments.
Prior to the launch of this new E-government service, residents had to inquire to their local or provincial government officials to prepare and provide this data on a case- by-case basis. This new service will provide all Islanders with direct access to the information they need, when it’s needed, and there will be no charge for access to these web-based services.
“Over the past year our Department, in collaboration with municipalities, has been working on the development of the new web-based information product,” said Minister Bertram. “We are always looking for new and innovative ways to help make information open and accessible. The information available through this site will be updated on a regular basis, ensuring the most up-to-date and accurate information for residents.”
Anyone interested in a demonstration of the new web-based service, PEI Planning Decisions, is asked to contact the Department of Communities, Cultural Affairs and Labour to arrange a time and date.
BACKGROUNDER
The Government of Prince Edward Island recently approved the proclamation of Bill No. 17, An Act to Amend the Planning Act. The amendment involved Part IV Enforcement of the Planning Act, where a new section 23.1, “Notice of Decision,” was added. The amendment also involved Part V Appeals, where section 28.(1) was replaced with a new section.
These amendments to the Planning Act are in compliance with two separate decisions of the Island Regulatory and Appeals Commission (IRAC) and the PEI Supreme Court Appeals Division, where the Province and municipalities with official plans were directed to ensure that proper notice of appealable planning decisions was provided to the public. The Provincial Government responded with the creation of a web-based notification system called PEI Planning Decisions that will allow the public to access appealable planning decisions posted by the Province and the 31 municipalities with official plans.
The four amalgamated municipalities of Charlottetown, Summerside, Stratford and Cornwall have been exempted from posting their planning decisions on the PEI Planning Decisions website as each have a website to post their planning decisions. These municipalities will have a link on the PEI Planning Decisions website which will be located on the Provincial Government website www.peiplanningdecisions.ca.
In accordance with revised section 28.(1) of the Planning Act, planning decisions by Provincial Government include:
- Development Permits;
- Preliminary Approval of a Subdivision or a Resort Development;
- Final Approval of Subdivision;
- Approval of a Change of Use; or
- Any other authorization or approval that the Minister may grant or issue under the regulations.
Planning decisions by municipalities with an official plan include:
- Building, Development or Occupancy Permit;
- Preliminary Approval of a Subdivision;
- Final Approval of Subdivision; or
- Adopt an amendment to a bylaw, including an amendment to a zoning map established in a bylaw, or an amendment to the text of a bylaw.
Any person dissatisfied with a planning decision may appeal the decision by filing a notice of appeal with the Island Regulatory and Appeals Commission (IRAC) within 21 days from the date of the decision.
Where a person is dissatisfied by a decision of the council of a municipality to adopt an amendment to a bylaw, the 21-day period for filing a notice of appeal commences on the date that the council gave final reading to the amendment to the bylaw.
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Autor(en)/Author(s): Autumn Tremere
Quelle/Source: The Government of Prince Edward Island, 01.10.2009
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