The Town of Stratford is renewing its call for the province to amend the planning act so the Island Regulatory and Appeals Commission (IRAC) cannot overrule decisions made by a council.

Stratford town council said it stands by its decision to deny a developer's application to build three condominium buildings.

Marshall MacPherson Ltd. requested permission to build the three 12 unit condominium buildings on Shakespeare Drive. Council said it denied the application based on a number of issues, the main one being storm water management.

Marshall MacPherson Ltd. appealed the decision to IRAC and after a two day hearing, IRAC overturned Stratford council's decision, laying the blame on council for how it was dealt with.

Image | David Dunphy

Caption: Stratford Mayor David Dunphy said he stands by his actions after an IRAC decision that faults him in the town's losing battle with a local home builder was issued Friday. (Brian Higgins/CBC)

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In a release, Mayor David Dunphy said council stands by the decision it made.

"Council is in the best position to represent the residents on such matters. Council members are elected and accountable to the residents of the Town and, as such, ought to have the discretion and the ability to consider and weigh resident concerns when reaching decisions on such matters."

The town supported the resolution passed by the Federation of PEI Municipalities in April 2016 that wanted to see the planning act amended to allow IRAC to ensure proper procedures are followed when councils make decisions, but not "substitute" their own decision in place of a council's decision.

The developer says he intends to start building next March.