UPHELD DECISION, CERTAIN TERMS AND CONDITIONS TO BE ADDED, REGIONAL WATER MANAGER’S DECISION TO REMAIN IN FULL FORCE AND EFFECT UNTIL FULL DECISION IS ISSUED
Keywords: Residential development; works to address storm water flows; approvals for development pending; interim decision
This was an interim decision by the Board on two appeals against the decision of the Regional Water Manager (the “RWM”) to allow Alpex Development Corporation Ltd. to construct certain works. The works were designed to address storm water flows from a large residential development proposed for lands immediately west of Mill Bay. As certain necessary approvals for the development were being held up until the Board’s decision was rendered, the Board issued the interim decision with a full decision and detailed reasons to follow.
The Board upheld the RWM’s decision authorizing the works because neither Appellant had requested a rescission of the decision. However, the Board noted that it would, in the full decision to follow, add certain terms and conditions to the original terms and conditions imposed by the RWM. Accordingly, the Board held that the terms and conditions contained in the RWM’s initial decision would remain in full force and effect until such time as the Board’s full decision was issued.
