Developer wants refund if county waives planning application fees

BY KIRK STARRATT

kstarratt@kentvilleadvertiser.ca

NovaNewsNow.com

A Coldbrook developer says he wants a refund if the County of Kings waives the application fees for a Lower Canard planning consideration.

Council voted in favour of initiating a small staff project to review the planning application of Greg and Jocelyn Mackin at the Tuesday, Oct. 7 session. Council will waive the application fee and the planning advisory committee (PAC) will consider the matter.

The Mackins want to build a house on a newly created 1.3-acre lot in the Agricultural District in Lower Canard. The county considers the lot to be class 2, 3 and active class 4 soils, which are protected. The lot doesn’t meet any of the exemptions that would permit the use so the Mackins are seeking a Municipal Planning Strategy (MPS) amendment.

During the public comment session at the conclusion of the Oct. 7 session, Coldbrook developer Merrill Ward said he is very surprised that council would forego the fee for a development application. Ward said he submitted development applications on three occasions before finally getting approval for his proposed residential development in Coldbrook.

Ward said if the application fee were waived for the Mackins, he would seek a refund. He said it’s pure discrimination.

However, Ward said he could relate to what the Mackins are experiencing. He said the fact the county wouldn’t accept their agrologist’s report is similar to when the county wouldn’t accept his traffic and water studies for his proposed project in Coldbrook. “I’m not opposed to what he’s after,” Ward said in regard to Greg Mackin’s planning consideration. “He has been wrongly done.” ‘Not connected’: Mackin

Following Ward’s comments, Greg Mackin thanked council for moving forward with his planning consideration. He said he doesn’t know Ward well, but is sure he is a fine gentleman. However, he said he takes exception with Ward tying the two situations together. “There is no discrimination because they’re not connected,” Mackin said in regard to Ward’s comments. “They should be dealt with independently.”

The Mackins couldn’t be reached by phone for further comment prior to deadline for this edition.

Also during the public comment session, Ward drew attention to a meeting he was called to at the Wandlyn Inn in Coldbrook with Chief Administrative Officer Brian Smith and Warden Fred Whalen a couple of years ago.

After an unsuccessful attempt at an R4 multi-unit rezoning for his Coldbrook proposal and an unsuccessful appeal, Ward made application again for a rezoning that was defeated.

He said he was then called to a lunchtime meeting with Whalen and Smith at the Wandlyn. Ward said he was told a movement was in the works to allow R4, multi-unit development through development agreements instead of requiring a rezoning. Ward was prepared to appeal once again council’s defeat of his rezoning application, but said he was told it could be in his best interest to wait and apply under the development agreement policies. Ward said he wasn’t promised anything, but was told the municipality would do its best to have the application fee waived.

However, council defeated the development agreement proposal and Ward was no longer in a position to appeal the defeat of his rezoning because too much time had passed. Eventually, provisions were adopted to allow Ward’s proposal by development agreement and Ward received project approval. However, he had to pay the application fee again.

Ward said if he had appealed the second rezoning defeat, it probably would have cost the county $20,000 to $25,000. In total, Ward said it took him seven years and $70,000 to get his project approved. The financing for his venture fell through because of long delays. “To try to get financing today would be difficult,” Ward said. “That’s why we haven’t proceeded. It put us in an awkward financial position.”

Ward, a former county councillor, is considering billing the county for his past application fees. He said it’s stupid that the Mackins haven’t been granted a permit. “This is the most dysfunctional council I ever saw,” Ward said. “It really, really annoys me what goes on with this council.”

Warden, CAO respond

In response, Whalen said he understands Ward’s frustration, but he isn’t sure if there is any mechanism to refund his application fees at this point. Whalen said he would have to refer that question to the chief administrator or municipal solicitor.

He said they did meet with Ward at the Wandlyn, seeing the venue as a neutral site. Ward was considering making an appeal of his rezoning defeat, but that was around the time the municipality started working on the development agreement option.

Whalen said they told Ward the matter was progressing and they expected it to pass, but didn’t do anything to dissuade him from making an appeal. However, Whalen said they felt they could save Ward some money.

Whalen said he didn’t recall saying anything about getting application fees waived for Ward, but also said he wouldn’t deny it, considering the length of time that has passed since the meeting.

Smith said a refund after the fact is not something the municipality has done before. Council considers whether or not to charge an application fee as part of the original application process. It’s unusual for someone to come back later seeking a refund.

He said if Ward makes a formal request for a refund, the county would look into the matter. Until that point, Smith views Ward’s remark as a comment made by a member of the public at the end of a council session.

Smith said he was asked to meet with Ward to discuss process and advise the applicant. This is advice the municipality gives routinely. Smith said he was relatively new to the Ward matter at the time and the meeting served also as a briefing for him.

They decided to hold the meeting at the Wandlyn over the lunch hour because of scheduling difficulties for him and the Warden. They gave Ward options about the process and, whatever the advice was, Smith said Ward was free to take it or not.