Oct 16, 2012 / 9:07 am
A BC Supreme Court has granted the District of Lake Country an injunction restraining the deviant land use of a Wood Lake business.
In a decision handed down Oct. 10, Supreme Court Justice Douglas A. Betton ruled in favour of Lake Country’s injunction restraining a resident company from using its Wood Lake property for recreational purposes.
“Under the current zoning bylaw, the only possible applicable principal use is single-dwelling housing...,” stated Betton in the ruling. "While the property in question has a structure on it that appears capable of being used for such a purpose, it is clear on the evidence that the shareholders of the respondent have not used the property in that fashion.”
The court found that the business cleared and landscaped in order to create a delineated space available for each couple to bring a fifth-wheel trailer for use during the summer months. The business also built small decks outside of each of the trailers to serve as an outdoor eating and seating area and built a “food and beverage serving station” for communal use.
The respondents submitted that their land be characterized as accessory to the principal use. However, Justice Betton concluded that it was not possible for a use to be a secondary or accessory use when it was the only use of the property.
“Land use management is a key function of municipal government,” said Mark Koch, the district’s director of planning and development, Monday. “We are pleased that the court has upheld the zoning bylaw. 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.”
The District applied to the court to requiring the business to apply for development permits, but given the findings, Justice Betton determined there was no need to address that issue.
The district says it will follow up on the matter with bylaw enforcement.
View the court ruling here.
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