274099 Alberta Ltd. v. Development Appeal Board (Sturgeon No. 90 Municipal District), (1990) 112 A.R. 122 (CA)

• Judge: Lieberman, Haddad and Irving, JJ.A.
• Court: Court of Appeal (Alberta)
• Case Date: November 23, 1990
• Citations: (1990), 112 A.R. 122 (CA)

274099 Alta. Ltd. v. Dev. Appeal Bd. (1990), 112 A.R. 122 (CA)

MLB headnote and full text

274099 Alberta Ltd. (appellant) v. The Development Appeal Board Of The Municipal District Of Sturgeon No. 90 and the Municipal District of Sturgeon No. 90 (respondents)

(No. 9003-0392-AC)

Indexed As: 274099 Alberta Ltd. v. Development Appeal Board (Sturgeon No. 90 Municipal District)

Alberta Court of Appeal

Lieberman, Haddad and Irving, JJ.A.

November 23, 1990.

Summary:

A landowner applied for a development permit for a public campground. The development officer refused the application. The landowner appealed.

The development appeal board dismissed the appeal. The landowner appealed.

The Alberta Court of Appeal allowed the appeal and remitted the application to the development appeal board - see next case in this volume.

The development appeal board issued the permit subject to conditions (see paragraph 5). The landowner appealed respecting the conditions.

The Alberta Court of Appeal allowed the appeal and held that the board erred in imposing the conditions except for one (see paragraph 37).

Land Regulation - Topic 3228

Land use control - Development permits - Conditions, discretion of development officer - A landowner applied for a development permit for a public campground - A development appeal board issued the permit subject to conditions - The Alberta Court of Appeal declared invalid portions of a bylaw which granted a discretion to the development officer to impose conditions because the Planning Act did not authorize such a delegation (see paragraphs 22 to 27).

Land Regulation - Topic 3227

Land use control - Development permits - Conditions - The Alberta Court of Appeal stated that the Planning Act intends that an applicant for a permit should be able to find in the land use bylaw "what conditions he may encounter in developing land for a permitted use" (see paragraph 28).

Cases Noticed:

Chrumka v. Calgary Development Appeal Board (1981), 33 A.R. 233; 16 Alta. L.R.(2d) 328, refd to. [para. 33].

Furnival v. Calgary et al. (1979), 18 A.R. 67; 10 Alta. L.R.(2d) 289, refd to. [para. 33].

Figol v. Edmonton (1969), 71 W.W.R.(N.S.) 321, dist. [para. 34].

Statutes Noticed:

Planning Act, R.S.A. 1980, c. P-9, sect. 6(6)(c) [para. 10]; sect. 69 [paras. 11, 23, 26]; sect. 71 [paras. 12, 13, 24]; sect. 77(1)(a) [para. 14]; sect. 85(3)(a) [para. 15].

Authors and Works Noticed:

Laux on Planning Law and Practice in Alberta (1990), p. 154 [para. 31].

Counsel:

K.D. Wakefield, for the 274099 Alberta Ltd.;

W.H. Hurlburt, Q.C. and S.C. McNaughton, for the respondents.

This appeal was heard by Lieberman, Haddad and Irving, JJ.A., of the Alberta Court of Appeal. The decision of the Court of Appeal was delivered by the court on November 23, 1990.