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Municipal Law - Planning and development - Development permits - Zoning regulations - Land use - Types - Agricultural

Thursday, January 19, 2017 @ 7:00 PM  

Application by the Brancos for permission to appeal from a decision of the Wetaskiwin Subdivision and Development Appeal Board. The Brancos owned a parcel of land in the county, zoned as Agricultural. There was an existing motocross track on their property which was intended for recreational riding of motorcycles by the Brancos and their friends. The County determined there was no development permit for the track. The Brancos unsuccessfully applied to change the zoning of the track to Recreational. They then applied for a development permit for the track. The permit was refused, and an appeal to the Board was unsuccessful.

HELD: Application dismissed. The Brancos failed to put forth an issue of sufficient merit or importance to warrant a further appeal. Whether or not the track met the definition of “race track” for the purpose of the County’s Land Use Bylaw was irrelevant, where the Development Authority and the Board agreed that the track was not a permitted use under the Agricultural zoning. The fact that the track may have in the past been used more extensively and for non-personal riding did not render the Brancos’ proposed less intensive use permitted, in the absence of a development permit. In coming to its decision, the Board was entitled to agree with the conclusions of the Development Authority and was not obliged to recite the entire history of the development permit process in its reasons.