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RDOS holds on injunctive action at Sickle Point - for now

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The RDOS is restraining from further injumctive action against the owner of Sickle Point in Kaleden

Sickle Point was on the agenda at the March 3 regional district board meeting.

A decision to bring injunctive action to Reum Holdings (property owners) or postpone it pending further violations of the community plan was discussed at last Thursday’s meeting.

Sickle Point located along Kaleden’s lakeshore, has been an ongoing issue for several years. In November of 2008 an application was received at the regional district for a five lot subdivision st Sickle Point. Since then, there have been ongoing issues associated with access to the site and a previous board action regarding site disturbance. In September of 2009 further disturbance of the natural features at Sickle Point caused a local public outcry, and along with that considerable pressure was brought to bear on the regional district to take action to stop the unauthorized activities in environmentally sensitive areas of the property.

Since September of 2009, the issuance of a Watercourse Development Permit and a provision for $17,000 in securities to ensure revegetation of the riparian area occurred.

An Environmentally Sensitive Development Permit for weed management in the non-riparian areas of the site was also  issued.

For the past 18 months, there have been no complaints or any apparent unauthorized site disturbance on the property. An additional Development Permit will be required to authorize any subdivision, building construction or any other activity at Sickle Point.

During board discussions, it was noted that access continued to be a problem to the property, and that further permits would be required in order for the developer to do anything more with the property.

“As long as we have a hammer, I will vote in favour,”(of postponing injunctive action) said Area “D” Director Bill Schwarz.

 

Staff also noted that legal advice provided to the regional district indicated that getting a negative action from a judge would be very slim, since the owner has begun to comply with restoration.  The RDOS will, however, retain the opportunity to reactivate the injunctive action should the owner carry out further site disturbance.

a motion to postpone action passed.