Town of Conception Bay South to Appeal Recent Decision of ENRAB due to Potential Impacts on Future Town Operations

 CONCEPTION BAY SOUTH, NL – The Town of Conception Bay South today announced its intention to appeal a recent decision of the Eastern Newfoundland Regional Appeal Board (ENRAP) filed by Sunset Key Marina.

“Council’s rationale for appealing the decision is based upon the impacts this decision will have on the Town’s ability to manage development applications in the future,” said Deputy Mayor Richard Murphy. “Our preliminary legal opinion is that the Eastern Newfoundland Regional Appeal Board erred in that it did not consider key evidence in its decision. Further, there may also be questions of jurisdiction that need to be addressed.”

As the matter will soon be before the Supreme Court of Newfoundland and Labrador, it would be inappropriate to comment further at this time.  However, Council will post its application to the Courts on our website for anyone who wishes to read it.

Background Information  

The ENRAB was tasked with deciding (i) whether Sunset Key Marina Inc.’s appeal was brought within the limited period of time afforded by the Urban and Rural Planning Act, 2000 (the “Act”), and (ii) whether the Town’s Approval-in-Principle decision was made in accordance with the Municipal Plan and Development Regulations. In the course of making these decisions, the ENRAB also made determinations regarding (i) the sufficiency of the Town’s delegation of decision-making authority to staff and (ii) the Town’s jurisdiction respecting proposed wharves, piers and structures attaching to the Town’s boundary.

In a decision received by the Town on February 3, 2021, the ENRAB ruled in favour of the Appellant, Sunset Key Marina Inc.

Update

The Town of Conception Bay South has withdrawn its appeal of an Eastern Newfoundland Regional Appeal Board decision to the Supreme Court.                                                                                                                                                                                 

The Town was appealing the January 2021 decision of the Eastern Newfoundland Regional Appeal Board (ENRAB) that the Town did not have jurisdiction to regulate new developments in Long Pond Harbour. In June 2021, the Minister of Municipal and Provincial Affairs clarified that the Town does have authority to regulate development within Long Pond Harbour. The Town’s authority was confirmed by the ENRAB in a written decision following a hearing before that Board on October 20, 2021.

Given that the matter of jurisdiction has been resolved, the Town has withdrawn its appeal to the Supreme Court.