The District of Lake Country has issued a press release regarding its win in a land use case over property used for RVs on Wood Lake
It reads: The Supreme Court of British Columbia released Reasons for Judgment on October 10, 2012 that decided a land use court case in favour of the District of Lake Country.
The District sought an injunction restraining the resident company—a group of families who use the property as a recreational property—from continuing its current use of property located on Wood Lake since the use was not in compliance with the existing or predecessor zoning bylaw.
In his Reasons for Judgment, Mr. Justice Betton concluded that under the current zoning bylaw, the only possible applicable principal use is single-dwelling housing, and it was clear on the evidence that the shareholders of the respondent have not used the property in that fashion. The respondents submitted that their use should be characterized as accessory to the principal use.
In a respondent affidavit, it was noted that upon purchasing the property, clearing and landscaping was undertaken to create a delineated space available for each couple to bring a fifth-wheel trailer for use during the summer months, which included construction of small decks outside of each of the trailers and construction of a covered food and beverage serving station for communal use.
“There is no basis, in my view, to conclude that this use of the property conforms with the permitted principal use as single-dwelling housing,” wrote Mr. Justice Betton in the Reasons for Judgment. “It is not possible for a use to be a secondary or accessory use when it is the only use of the property.”
Additionally, Mr. Justice Betton noted that it cannot be a non-conforming use under the previous bylaw on the evidence provided.
The District of Lake Country applied to the court to require the respondent to make application for development permits, but given the findings Mr. Justice Betton determined there was no need to address that issue.
Bylaw enforcement follow up will be undertaken by the district.
“Land use management is a key function of municipal government. We are pleased that the court has upheld the zoning bylaw,” said Mark Koch, director of planning and development for the district.
“The bylaws and regulatory tools local government has ensure that building and structures are constructed in a manner which meet minimum life, fire, environmental and health safety requirements, and that incompatible land uses have appropriate separation,” Koch concluded.
