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ARTICLE · 27 MARCH 2017

Agriculture Law Netletter - March 7, 2017 - Issue 367

Miller Thomson
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A Justice of the Alberta Court of Appeal has granted leave to appeal a decision of a Subdivision and Development Appeal Board which overturned a development permit because of concerns with respect to the potential cumulative effects of an intensive farming operation.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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HIGHLIGHTS

  • A Justice of the Alberta Court of Appeal has granted leave to appeal a decision of a Subdivision and Development Appeal Board which overturned a development permit because of concerns with respect to the potential cumulative effects that an intensive farming operation might have on the use and enjoyment of adjacent parcels of land. A development permit approved by a Planning Commission allowed the establishment of a Hutterite colony 6 miles from the Village of Carmangay in southern Alberta. The Alberta Municipal Government Act restricts the ability of municipalities to refuse development permits with respect to confined feeding operations or manure storage facilities regulated by the Agricultural Operations Practices Act if the feeding operation or manure storage facility is subject to approval, registration or authorization under this Act. Leave to appeal was granted on the issue of whether the Subdivision and Development Appeal Board had jurisdiction

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