This page contains annotated news stories and press releases with commentary about land reform and the democratic process in British Columbia. Our comments are shown in red.
Western Forest Products can't have it both ways. They can't start developments for subdivisions and avoid regional development permits by stating that the land is still forestry land.
We are supportive of the CRD asserting their regional rights around this development, and hope the province will step in, and ensure- as promised- that regions and communities are able to assert zoning where private land deletions occur
Regional government may sue over development
Aug 13, 2008Globe and Mail
By ANNA MEHLER PAPERNY
VANCOUVER -- A standoff over the future of a vast swath of forest on the southern tip of Vancouver Island, estimated to be worth about $150-million, is heating up as a regional government contemplates taking a forestry company to court to block its plans to subdivide the area and sell it for development.
A report by Auditor-General John Doyle in July slammed the government's decision to grant Duncan-based Western Forest Products' application to exclude about 20,000 acres from its tree-farm licence. The report states that the government failed to take public interest into account, didn't make the decision sufficiently transparent and wasn't adequately informed.
Forests Minister Pat Bell says there's nothing he can do about the timberland, which was deleted from the company's licence on Jan. 31, 2007. Western Forest Products has found a potential buyer and is awaiting approval of a proposed subdivision of the area. But local residents, environmental groups and the regional government fear real estate development could turn the massive wilderness area into suburban sprawl.
Western Forest Products chief operating officer Duncan Kerr said the company is acting by the book, and had to log the land, or sell it.
The Capital Regional District threw down the gauntlet in earnest on July 15, when it sent a letter informing Mr. Kerr he needed a permit from the regional government to go through with construction on areas proposed for subdivision. Mr. Kerr's reply on July 28 countered that the company disagreed, and that "Western's forest management activities are protected from CRD's bylaws. ..." Now, says Capital Regional District corporate communications manager Andy Orr, the regional government may take the matter to court.
"It is unclear exactly what our rights are," he said. "We haven't reached that decision yet, but we may be testing that in court."
Part of the disagreement centres on who has jurisdiction over land no longer regulated under tree-farm licence.
"What happens on private lands when they are not forestry lands any more?" he asked.
Mr. Kerr said that as far as he's concerned, Western doesn't need any district permits and is just awaiting approval of its applications from the province. Then, he said, the company plans to sell the land, and has a "tentative purchase agreement" with Ilkay Developments.
Mr. Kerr said he would have been happy to discuss setting aside part of the area as parkland, but the Capital Regional District cut those negotiations short when it passed bylaws that would have prevented Western from proceeding with the subdivision had it tried to change the application it put forward in April.
Lawyers acting on behalf of the Sea-to-Sea Greenbelt Society have submitted a letter to Premier Gordon Campbell's office demanding he veto Western's subdivision application. It comes on the heels of calls from the NDP opposition and an association representing 48 local governments for the Premier to reverse the timberland's removal from the tree-farm licence system.
A spokesman for Mr. Campbell said the Premier's office has received the Greenbelt Society's request and will consider it, but couldn't say how it would factor into the subdivision approval process.
A report by Auditor-General John Doyle in July slammed the government's decision to grant Duncan-based Western Forest Products' application to exclude about 20,000 acres from its tree-farm licence. The report states that the government failed to take public interest into account, didn't make the decision sufficiently transparent and wasn't adequately informed.
Forests Minister Pat Bell says there's nothing he can do about the timberland, which was deleted from the company's licence on Jan. 31, 2007. Western Forest Products has found a potential buyer and is awaiting approval of a proposed subdivision of the area. But local residents, environmental groups and the regional government fear real estate development could turn the massive wilderness area into suburban sprawl.
Western Forest Products chief operating officer Duncan Kerr said the company is acting by the book, and had to log the land, or sell it.
The Capital Regional District threw down the gauntlet in earnest on July 15, when it sent a letter informing Mr. Kerr he needed a permit from the regional government to go through with construction on areas proposed for subdivision. Mr. Kerr's reply on July 28 countered that the company disagreed, and that "Western's forest management activities are protected from CRD's bylaws. ..." Now, says Capital Regional District corporate communications manager Andy Orr, the regional government may take the matter to court.
"It is unclear exactly what our rights are," he said. "We haven't reached that decision yet, but we may be testing that in court."
Part of the disagreement centres on who has jurisdiction over land no longer regulated under tree-farm licence.
"What happens on private lands when they are not forestry lands any more?" he asked.
Mr. Kerr said that as far as he's concerned, Western doesn't need any district permits and is just awaiting approval of its applications from the province. Then, he said, the company plans to sell the land, and has a "tentative purchase agreement" with Ilkay Developments.
Mr. Kerr said he would have been happy to discuss setting aside part of the area as parkland, but the Capital Regional District cut those negotiations short when it passed bylaws that would have prevented Western from proceeding with the subdivision had it tried to change the application it put forward in April.
Lawyers acting on behalf of the Sea-to-Sea Greenbelt Society have submitted a letter to Premier Gordon Campbell's office demanding he veto Western's subdivision application. It comes on the heels of calls from the NDP opposition and an association representing 48 local governments for the Premier to reverse the timberland's removal from the tree-farm licence system.
A spokesman for Mr. Campbell said the Premier's office has received the Greenbelt Society's request and will consider it, but couldn't say how it would factor into the subdivision approval process.
