Does anyone ever wonder why the person who is appealing a town council development decision must pay for advertisements in the local newspaper at a significant cost that I beleive to be in the vicinity of $800? The town is notified, the person appealing obviously knows and the developer knows. Who else needs to know? All the witnesses must be notified irregardless of an ad and the public can't just speak up at these unless they are listed ahead of time. So why force the person appealing to pay this amount.
Some would say to ensure there is not a flurry of appeals because this requires an "investment" by the person appealing so we can assume that they are serious in their actions.
I question that logic. If the grounds were not reasonable the appeal wouldn't be let through by the Nova Scotia Utility and Review Board so you shouldn't have an increase in appeals if the fee was dropped. On the other hand is it in the realm of possibility that the $800 fee would put many potential apellants in the unfortunate circumstance of beleiving in their appeal and right to question a decision but not having the funds to go ahead and thus we have effectively diminished the right to appeal by attaching a monetary value so that those in good financial circumstances can "afford" to appeal while those less fortunate end up withdrawing or keeping their mouth shut. And in society who are the groups usually taken advantage of again?
And that is just the start of the appeal process which can cost $1000's of dollars in legal and other fees for ALL parties involved. One reason I want to push for everyone to be better educated on development issues is so more issues can be dealt with upfront and not in the appeal process.
I think that the NS Utility and Review Board should end this requirement or in combination with the newspapers set this to a nominal fee of $100 or so to appeal so that all citizens have
equal access and rights not based on their financial situation. What do you think?
Glenn
