By Troy Gillard

denied

Alberta Court of Appeal denies application from Paradise Shores developer

Jul 16, 2019 | 12:31 PM

The Alberta Court of Appeal will not hear arguments from the developer of an RV resort at Buffalo Lake, and has instead sided with a County of Stettler decision to substantially reduce the density of the park.

When initially proposed, Paradise Shores RV Resort was to feature a 1000-stall RV park, water park, pool, docks and other amenities on the lake’s south shore.

However, the proposal met with objections from local residents and the neighbouring Summer Villages of White Sands and Rochon Sands. The summer villages later dropped their objections after the proposed number of RV stalls was reduced from 1,000 to 750. County council then passed a rezoning bylaw as well as the Paradise Shores Area Structure Plan.

After the County’s planning commission approved a development permit for the RV park several months later, local residents appealed to the Subdivision and Development Appeal Board (SDAB). They raised a number of concerns about the size and density of the RV park and the consequential impacts on traffic, the environment, lake crowding and boat launch capacity, emergency services, adjacent properties, and community infrastructure. They also argued that the density of the RV park contravened density restrictions included in existing intermunicipal development plans.

The developer countered that there was no conflict between the RV park and the IDPs and that the potential impacts of the development were adequately addressed by the conditions of the approved development permit.

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In November, the SDAB confirmed the County’s decision to issue the development permit but reduced the number of permitted RV stalls/campsites to 168. The SDAB agreed with the residents that the density of the proposed development was not in keeping with the applicable policies of the IDPs and felt reducing the density of RV stalls would address concerns about potential impacts of the development on lake crowding, etc.

The applicant applied for permission to appeal the SDAB’s decision, alleging that it made several errors of law or jurisdiction. The application, however, was denied.

“None of the grounds of appeal advanced by the applicant has a reasonable chance of success,” the appeal court said in its July 12 ruling. “Many of them do not raise questions of law or jurisdiction. They are matters of interpretation and application of statutory plans in respect of which the SDAB is accorded great deference. Even in the absence of deference, the SDAB’s interpretations appear to be correct. They are certainly reasonable. The application for permission to appeal is dismissed.”

The county issued a stop work order for Paradise Shores in May over serious concerns over the health and safety of users and possible harm to the environment. The county said 41 conditions had to be met in order for work to resume.

In June, the SDAB upheld a county ruling that the a development permit application submitted by the developer in March was incomplete.