There is literally no other municipality in Canada that has the complicated and, at times, confusing privilege that Banff does of having future development in the ultimate control of a federal government agency.
The Alberta Court of Appeal has established the Banff National Park Management Plan trumps municipal documents when it comes to planning and development in that community.
It is a unique set of circumstances for the community of Banff, which lies within Canada’s flagship national park, especially as there is a limit on the amount of commercial development that can occur in Banff.
It is an issue that surfaces often in Banff, as the community continues to develop or redevelop its commercial spaces under the federal growth cap.
Most recently, the management plan was the centre of the debate surrounding the Municipal Planning Commission’s approval in February of a 63-unit hotel on Lynx Street.
Currently, the property has the 23-unit Homesteads Inn on it and is owned by Fuji Starlight Express, which owns the nearby Banff Park Lodge and Bow View Lodge.
The site itself has unusual complexities to it, including the fact that it is in two land use districts and shares a portion of the site with Melissa’s, which has a different owner.
There were a gamut of concerns that lead to an appeal of the MPC approval by Arctos & Bird Management and Karago Investments, two neighbouring businesses.
And the Development Appeal Board’s decision, which was handed down last week, supported the appeals and vetoed the approval, which means this project goes back to the drawing board or Fuji can appeal the decision further.
But it was a single ambiguous clause in the 2010 Banff National Park Management Plan that has created confusion, with both the quasi-judicial appeal board and the Town of Banff wanting more clarity.
The management plan states that “development in the commercial downtown districts will retain sightlines to the surrounding landscape and will not include new commercial development above the second storey.”
We know that clause can be interpreted in different ways because that was one of the major points of the appeal board’s decision – it was put to those who sit on the appeal board to decide which interpretation is correct.
There were interpretations over what ‘commercial downtown districts’ means, what ‘new’ commercial development means and confusion over the height rules in the plan.
When you have a document like the park management plan that takes precedence over other statutory plans, it is critical that what Parks Canada wants to achieve with the clause be clear.
The appeal board in its decision sent a strong message to Parks Canada to provide better information or clarity when it comes to commercial development in the national park town.
Likewise, the Town of Banff needs clarity. It is a message we would hope the federal agency listens to and take steps to address, either by way of clear direction, or if necessary, an amendment to the plan to clearly define its intentions.
This is of critical importance for the community, for the municipal government and for every square foot of commercial space in Banff. Having a clear understanding of the direction Parks intends with such clauses means the development process will have less frustration and confusion surrounding it and we won’t have to look to the appeal board or the court of appeal above that to determine what interpretation to make.
