Mel Norton pushes to get Irving HQ project 'back on track'

The mayor of Saint John says he's doing everything he can to protect the Irving Oil headquarters project from a lengthy appeal that could also drag on, in the courts.

"We want to do everything in our authority to get this project back on track," said Mel Norton.

Irving Oil's new home office is being challenged by the city's former heritage development officer Jim Bezanson, who argues the 11-storey building would be too tall and set too far back and therefore, doesn't comply with the heritage preservation bylaws.

• Heritage zone appeal puts Irving Oil headquarters on hold
• Irving Oil announces new headquarters for Saint John

New Brunswick Assessment and Planning Appeal Board chair Micheline Doiron said a hearing on the matter could be scheduled within weeks and a decision would be rendered as soon as possible.

Doiron also confirmed the board is not bound by any legislated timelines.

Timeline concerns

Norton says that uncertainty is unacceptable when it comes to "the first major construction in decades in the heart of Saint John."

Any decision by the provincial body could potentially be appealed to the Court of Queen's Bench and even the Court of Appeal, said Norton.

"So it opens up an undefined period of time during which this appeal that's been filed, could be considered by this body and judicial bodies down the road," said Norton, explaining why he believes letting the process unfold is not the preferable option.

CBC News reached out to Irving Oil for clarification on how the filed appeal is affecting the company's construction plans.

No response had been received at the time of posting.

Norton said city staff were asked to study all creative solutions and explore every option and every tool that might protect the headquarters project from appeal.

One option would be changing the bylaw to conform with the project, but that could take months, Norton said.

The mayor was expecting to meet with staff at 4 p.m. Monday, ahead of the city council meeting.

Board's powers limited

Doiron says the board is a statutory body and therefore its powers are limited by legislation.

However, she says that legislation does allow the board to order work orders to be reversed. The board does not have the power to order monetary remedies or fines.

The appeal board has yet to issue a written decision on an appeal that was heard in mid-October regarding the Rothesay Common renovation.

In that instance, the mayor of Rothesay ordered work on the Common project to proceed through the summer, without waiting for the hearing or the outcome.

Bill Bishop said the contract had been awarded in February and he said delaying the work could have exposed the town to damages in court.

When Norton was asked whether he would consider an action such as Bishop's, Norton replied that the city wanted to follow its own bylaws and speculated that Irving Oil would want the same.

Norton also pointed out that the project had already been approved by the city's heritage board and the planning advisory committee.