Borden-Carleton business owner appeals IRAC's approval of Irving gas station
CBC
The approval of a fourth gas station in the Borden-Carleton area is now headed to the Prince Edward Island Court of Appeal.
Chad Ceretti, owner of Ceretti’s Grocery and Hardware, filed the appeal this week against the proposed 24-hour Irving gas station that would also house a Tim Hortons and a convenience store with 3,000 square feet of retail space.
The D.P. Murphy development was approved last month by the Island Regulatory and Appeals Commission, which said it considers the needs of drivers — not a project's affect on surrounding businesses.
Ceretti said he hopes the court will overturn IRAC’s decision. The development would be built at the corner of the Trans-Canada Highway and Dickie Road, right beside his business.
“We were quite shocked, very surprised, and just felt that … something didn’t add up. We’re scratching our heads at this point,” Ceretti said in an interview with CBC News on Thursday.
“We decided that we would appeal it based on what we thought was, you know, a few errors maybe, and … perhaps we were given a less than fair shake at the trial.”
Ceretti's lawyer, Derek Key, wrote in the filing that IRAC's decision was "unreasonable.”
The court documents argue that the regulator erred by failing to consider off-Island gas prices, not recognizing that gas sales in the town are trending downward, and using sales data that was two years old.
“This is no different than … a Walmart moving into, you know, a smaller centre," Ceretti said. "It’s just a matter of time before, you know, their smaller, less resourceful competition … ends up closing shop."
IRAC's approval was necessary to obtain a licence to sell gas, but not to build the development.
The D.P. Murphy proposal has also received approval in principle from the Town of Borden-Carleton.
It said if the developer meets all of its conditions, including a traffic and noise study and access to the Trans-Canada highway, council will issue a development permit.
Ceretti and others in the area have been fighting the proposal for nearly three years.
The project has also seen opposition from Jamie Fox, a former MLA for Borden-Kinkora, along with the area's current MLA and P.E.I. Green Party Leader Matt MacFarlane.
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