Six people filed appeals against a housing development that requires demolition of an A-ranked heritage property linked to prominent arts and drama promoter Margaret Greenham.
However, appeals against a decision allowing Cameriam Properties – owned by New York Rangers’ President Glen Sather and local John Dowson – to go ahead with four-plex housing at 606 and 608 Caribou Street, came in after the legal deadline.
The company plans to demolish the near century-old historic Mountain House, a private school run by Margaret and Henry Greenham between 1922 and 1947. The former Greenham residence was demolished last week.
Town of Banff officials say six appeal notices were filed on Jan 11. against a Dec. 21 Municipal Planning Commission decision approving the new housing project.
“Unfortunately, the time for filing an appeal against development permit application expired on Jan. 4, 2018,” said Randall McKay, director of the Town’s planning and development department.
Recent changes to the Municipal Government Act (MGA) related to an extension to the time period for filing an appeal from 14 days to 21 days doesn’t yet apply to the Town of Banff, even though it may be applicable in other Alberta municipalities.
McKay said the Town sought legal advice on the matter.
In order for new provincial legislation to become law in Banff, McKay said a document known as an instrument of entrustment first requires approval by the federal minister responsible for Parks Canada.
“For this reason, the 14-day appeal period is still the applicable time period to file an appeal,” he said.
Given powers of the development appeal board are delegated by the MGA and the Town of Banff Incorporation Agreement, McKay said the DAB does not have the legal right to extend the appeal period to 21 days unless it is authorized by legislation.
“The process to prepare and execute an instrument of entrustment is lengthy and at times complex given the different levels of government involved,” he said.
“Our legal counsel has advised that can take at least six months to complete, if not longer.”
Banff Heritage Corporation opposed demolition of the Mountain House school. During the Second World War many British parents, including the actress Vivien Leigh, enrolled their children here.
Margaret Greenham was a strong promoter of the dramatic arts in Banff, and organized the Banff Literary Dramatic Society and the first children’s theatre group in Alberta.
The Greenham’s cultural activities contributed to the establishment of the Banff School for Fine Arts, now The Banff Centre, which includes a theatre named in Margaret’s honour.
