CBRM goes to court to defend decision on Big Pond RV park
The Cape Breton Regional Municipality is appealing a ruling that struck down council's decision to approve a proposed RV park near Big Pond, N.S.
Last year, council voted narrowly in favour of a plan by Calgary-based developer Chris Skidmore to build up to 211 campsites for recreational vehicles along the shore of the Bras d'Or Lake.
Area residents opposed the development, and appealed the decision to the Nova Scotia Utility and Review Board. After a lengthy hearing, the board ruled council had not followed its own policies.
The UARB said CBRM had not provided neighbours reasonable protection from the proposed development's visual impact and noise.
CBRM solicitor Demetri Kachafanas said that point is at the heart of the municipality's appeal, which was filed Wednesday in the Nova Scotia Court of Appeal.
"That's the overarching thrust of our decision, that we felt they did reasonably apply it, and any discretion on whether it was reasonable should be in council's hands, so I think we need the court to clarify that," he said.
Deputy mayor Ivan Doncaster, the councillor for the Big Pond area, is opposed to the appeal.
"I'm very disappointed," he said. "I thought we'd leave it the way it was, and the information I have gathered, these type of appeals don't go very well for the municipality, or their percentage is very low."
Area resident Mike Britten said he was not surprised CBRM appealed the UARB ruling. He said he's not disappointed, either.
"If they feel there was an error made, then they certainly have the right to go to the Court of Appeal and to file an appeal," Britten said.
"It's not a matter of being disappointed. We have a municipality here who is practising their right ... just like we had the right to appeal the decision of council to the UARB, and we practised our right and we won that case."
The UARB ruling was lengthy, at more than 90 pages. The CBRM's court notice cites 11 possible errors of law.
Kachafanas said the appeal had just been filed, and it could be months before the issue goes to court.
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