eth Nelson, Municipal Approving Officer:
With your approval of the Phillips Road Phased Development Agreement, and your refusal to address my question about highway access to lands beyond, you have taken the district a step closer to a judicial review of your decision.
With the exception of Councillor Haldane, council and staff ignored public input from myself and others, and more importantly that of Douglas Christie, an adjoining land owner. When a lawyer like Mr. Christie tells you he will seek compensation I expect it is more of a fact than a threat.
Mayor Evans gavelled me down as usual, and Councillor Bennett mocked the province’s letter to you requesting that access be provided to the Crown land, (producing a hearty chortle from Mayor Evans), so I will make one last public attempt to convince you to re-examine your decision before a judge does it for you.
Land Titles Act Section 75(1)(a)(ii) states: “To the extent of the owner’s control, there must be sufficient highway to provide necessary and reasonable access through the land subdivided to land lying beyond or around the subdivided land.”
The Community Charter states: “highway” includes a street, road, lane, bridge, viaduct and any other way open to public use, other than a private right of way on private property;”
You have designated a private right of way on private property as a highway. You can’t do that generally, and you specifically can’t do it without the approval of the easement holder. The district accepting Mr. Kendrew’s dedication of property with a private easement on it is akin to buying a used car with a lien on it.
How hard is it to understand that a private right-of-way is not a highway?
South Island Recreation Association