993 Sinclair Street Appeal of Director of Planning’s Denial for Sports Court in a Watercourse Protection Area November 4, 2019
APPLICATION SITE Lawson Creek McDonald Creek
LOCATION OF SPORTS COURT Sports Court 15 m from Covenant 5 m from Top Top of Bank Line of Bank
PHOTOS OF SPORTS COURT
POLICY The construction of the sports court does not comply with the following bylaws and policies that govern development adjacent to watercourses in the District: • Official Community Plan Watercourse Protection Guideline NE13 • Creeks Bylaw No. 3013, 1982 • Watercourse Protection Bylaw No. 4364, 2005 • Section 219 Creek Protection Covenant Plan BCP8962 • Riparian Areas Regulation (RAR) under the Provincial Riparian Areas Protection Act
EVALUATION • The sports court does not comply with the OCP NE 13 guidelines for protection of watercourses within existing neighbourhoods. • The sports court was constructed within a Creek Protection Covenant Area in contravention to the conditions of the Covenant. • The owner of the sports court was previously told that a sports court in that location would not be approved and then they constructed it without a permit.
RECOMMENDATION • Staff recommend that the Environmental Development Permit for the sports court within the watercourse setback area be rejected.
Thank You! Questions?
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