An application from neighbours to be included in the Sunshine Coast Regional District’s (SCRD) BC Court of Appeal action against a Sakinaw Lake property owner has been denied.
Neighbouring property owners Martin and Barbara Aidelbaums' application to the court indicated that the height of a new structure at 4355 Lake Road, owned by Lorna Vanderhaeghe, adversely affects their use and enjoyment of their property, according to the recently released reasons for judgement, which revealed that court’s Honourable Justice John J.L. Hunter made the ruling in a Vancouver courtroom on April 13.
The Aidelbaums submitted that they complained to the SCRD throughout the construction that the new home was being built unlawfully, and that they participated in the public hearings arguing for the regional district to take steps to stop its construction.
The judgment states that the Aidelbaums had “no legal, financial or reputational interests that will be affected by the outcome of the appeal“ that the SCRD filed Dec. 15, 2022, against Vanderhaeghe. Hunter dismissed the Aidelbaums' application with costs.
The appeal, which has yet to be heard, pertains to a Dec. 1, 2022 ruling of the BC Supreme Court. That ordered the local government to reconsider an amendment application on the basis that the redeveloped house at the site was a legally conforming structure.
Background
When Vanderhaeghe began her property redevelopment process, the site included a cottage on site located within 9.5 metres from the natural boundary of the lake. It had been built before the SCRD enacted bylaws that require a lake setback of 20 metres. Project development, building and demolition permits authorizing the construction of a new 4,800-square-foot home within 9.5 metres from the lake were issued by the SCRD in 2018.
On Dec. 17, 2019, the SCRD placed a partial stop-work order on the project pertaining to the portion of the new dwelling located within the setback followed by a full stop-work order.
In July 2021, Vanderhaeghe filed for a judicial review of the SCRD’s decisions. In October 2021, the SCRD filed a petition with the Supreme Court of BC for various declarations and an order requiring Vanderhaeghe to bring her property into compliance with its bylaws. Both were heard and ruled on in the Dec. 1, 2022 decision, which is under appeal.
