A Subdivision and Development Appeal Board (SDAB) has adjourned a rehearing between the appellant Regine Landry and Rocky View County until May.
The Alberta Court of Appeal had recently ruled against the SDAB decision to deny Landry a development permit on land located near Irricana and Beiseker.
Landry purchased land zoned Agricultural, General - with the dream of one day building a residence and retiring there, though the south portion is bordered by a Canadian National Railway (CNR) right of way.
Because of the property’s abutment, Landry was initially granted a permit with strict conditions imposed - requiring her to submit a revised plan showing a 30-metre setback between the proposed residence and the CNR right of way and to construct a six-foot chain link fence.
Landry appealed these conditions to the SDAB, arguing that "compliance with the 30-metre setback would drastically reduce the scope of her usable property and that given the land’s rural location, neither the setback nor the chain link fence were necessary to address the safety concerns raised by CNR.”
However the SDAB ruled Landry’s initial development permit should not have been permitted in the first place.
Landry then took the SDAB to court, and the three-justice panel felt the SDAB had considered evidence beyond the scope of the appeal in its decision, and had not given Landry the proper time to respond to their concerns.
The Court of Appeal ruled an already granted permit brought to the SDAB should have been more heavily considered on the initial merits and concerns brought forward by the Development Authority, not on new evidence produced at the appeal hearing after the Development Authority had already granted permission for the dwelling to be built.
A rehearing with SDAB was scheduled for Thursday, March 6, to overturn the initial SDAB decision.
Curtis Marble of Carbet and Waite LLP represented Landry at the March 6 hearing, wishing to adjourn the matter to submit further questions to the board, that he said, will further inform the re-hearing.
"This will allow Miss Landry to put in additional evidence in relation as there has been some developments in respect to guidelines surrounding railway setbacks," Marble said.
Regine Landry is scheduled to appear at the re-hearing on May 29.
