Municipal Planning Appeals on the Island: A 15 Year Review

Municipal Planning Appeals on the Island: A 15 Year Review

December 9, 2021

The Island Regulatory and Appeals Commission (“IRAC” or the “Commission”) is an independent quasi-judicial tribunal that, among other things, hears appeals relating to land use, including municipal and ministerial planning decisions, under the Planning Act and other provincial statutes .

A 15-year review (2005-2020) of appeals of municipal planning decisions before the Commission shows that in a majority of cases, IRAC did not overturn decisions of municipal council. In fact, of the 93 substantive IRAC decisions released during the 15-year period, only 33 appeals were successful (35%). Where the appeal concerns a decision by the Charlottetown City Council, whereby Council followed the recommendations of the City Planning Staff and the Planning Board, this is especially true.

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