Supreme Court rules in favour of PRRD

was the PRRD in this case.

An adjudication meeting was held in January 2022 for the PRRD, with one bylaw ticket being cancelled, as the adjudicator felt the owners were actively attempting to fix the ALR zoning issue, but did violate zoning bylaws by not checking the permit status of the structures.

Pringle and Shadow sought two exemptions from the Agricultural Land Commission (ALC), but were rejected in April 2021 and July 2020, ceasing development in November 2019, when they learned of the ALR status.

The ALC panel rejected the application on the basis that the campground is not an approved use under the ALC act, and was built without ALC approval or the required PRRD building permits.

“The Panel finds that the Applicants, through the exercise of due diligence, could have determined that their Property is located in the PRRD and the ALR, and that lack of awareness of the regulations cannot be used to justify noncompliance,” wrote ALC Panel Chair Janice Tapp in July 2020. Reconsideration was asked by the owners, but refused again by the ALC on Oct. 27, 2021, for the reasons stated in the previous rulings.

The ALC panel noted that a 10.7-hectare exclusion request by the owners wouldn’t be appropriate, despite leaving a campground green space of 7.1 hectares for gardening. Music festivals and camping are not consistent with Section 6 of the ALC act, and would not preserve agricultural use if allowed, the panel said.

Fitzpatrick said the couple must pay any bylaw penalties owed to the PRRD, with the regional district also entitled to costs incurred by the judicial review.

“I cannot discern any basis to refuse the relief sought by the PRRD,” wrote Fitzpatrick. “I conclude that relief is appropriate in the circumstances. I order that the penalty set out in Bylaw Notice 212 is immediately due and payable by the Respondents to the PRRD.”

Tom Summer, Alaska Highway News, Local Journalism Initiative. Have a story idea or an opinion? Email tsummer@ahnfsj.ca