Remove duplication and introduce clarity between the Bylaw and the UEL Act, with respect to appeals to the UEL Manager’s issuance of Development Permits.
Background: Under the current system, after a Development Permit has been issued by the UEL Manager, a resident can appeal the Permit in one of two ways:
(a) If under the Bylaw, by showing that their property value is being “materially affected” by the Development Permit being issued
OR
(b) If under the UEL Act, the resident can appeal a decision of the UEL Manager if they are “affected” by it.
As a result, Development Permits are being appealed under the UEL Act where the term “affected” is undefined and subject to broad strokes of interpretation.
Thus, in order to relieve the ambiguity of the process and to make the process more practical, the following two points need to be considered:
(i) Provide clarity and guidance as to what is meant by the term “affected” in the Act and how one demonstrates being affected
OR
(ii) Remove the ability to appeal under the Act, since the bylaw already provides for an appeal.
