OAKLAND - The determination of who is right in the ongoing battle between the Oakland/Indian Point Residents Association and the Municipality of Lunenburg now rests with a Supreme Court judge.

 The association is hoping the judge will quash the final subdivision approval given to Seaview Properties Limited and seven development permits issued in September by the municipality.

 Seaview, of Halifax, has subdivided a 12.8-hectare strip of land on Oakland Road. The developer wants to build 26 free-standing housing units on land that it has approval from the municipality to subdivide into seven lots.

 Opposing residents launched a lawsuit in Supreme Court of Nova Scotia to have the judge quash the permits issued to Seaview by the municipality's development officer.

 According to documents filed in court, the association is also asking the judge to declare that for a subdivided lot of less than 9,000 square metres a developer must have approval for an on-site septic system or alternate system from the Nova Scotia Department of Environment (DOE) or approval from the municipality to connect with a municipal system.

 The notice also states that where a certificate is given by the developer certifying that a user does not require an on-site system, the development officer not accept it if she reasonably believes it to be false. And, where a subdivision approval has been given, no development permit be issued by the officer unless the developer has the approvals.

 In addition, the document states where a subdivision is sought using a single access driveway for a series of lots, that approval to subdivide must be withheld unless the Department of Transportation has approved a commercial-grade driveway access and DOE has approved the central sewer system with the driveway and sewage treatment facility shown on the plans.

 The municipality responded to the notice by asking the judge to dismiss the association's notice for lack of standing, strike the portion of an affidavit filed on the grounds that information contained in it is scandalous, irrelevant and otherwise oppressive and order the association to pay for court costs.

 Following six hours of evidence submitted in the Liverpool courthouse June 4, the judge adjourned the hearing and now has up to six months to decide.

posted on 06/24/08