High Court, in planning and development judicial review proceedings, quashes planning board's decision to designate the erection of a gate on the applicants' lands as 'exempted development' for the purposes of planning regulations, on the grounds that: the board's decision was unreasonable or irrational because the it failed to take into account an earlier decision of the Circuit Court involving the parties which determined findings of fact material to the board's later decision, i.e. that there existed no right of way over the applicants' lands for members of the public, and hence it was impermissible for the board to determined the gate was not an exempted development on the basis of a public user which was unlawful.
Judicial review - planning and development - whether a gate placed on lands is or is not 'exempted development' for purposes of planning legislation - procedural and factual history - trespass to applicants' lands - notice party's planning application to county council - appeal to planning board - board's inspector's report - erection of gate consisted of fencing or enclosure of land - restrictions on exemption - first judicial review proceedings settled on terms including remittal - certiorari - court's jurisdiction - reasonableness and irrationality - relevant planning legislative provisions - board's decision that laneway had been habitually open or used by public during preceding ten years as a means of access to nearby lakeshore - whether board's decision unreasonable or irrational - whether board correctly interpreted planning regulations - earlier Circuit Court proceedings concerning separate question of right of way - findings of fact made based on evidence given of the user of laneway over many years - no right of way over laneway - use of laneway with consent of applicant - board failed to correctly consider legal import of decision of Circuit Court - board's finding not legally permissible given Circuit Court decision on the factual issue of right of way - decision unreasonable or irrational - certiorari granted