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Home My WebLink About2021-11-24 Notice of Preliminary Hearing - Bylaw 2016-21 ��s �� ` �� ,F �t,` 2�d Floor,Summerside Business Centre ,� ��„, 1229—91 ST SW �� :?�.� ,f" ��y �'.=:��3�',�+� �z t�y� ��fr� Edmonton,AB T6X 1 E9 �.v�;��i%�`�� a{; Tel(780)427-2444 �� Email Iprt.appealsQ gov.ab.ca Website www.lprt.alberta.ca Our File: 21/IMD-002 November 17, 2021 Appellant,Village of Duchess Respondent, County of Newell Gavin S.Fitch Jeneane S. Grundberg McLennan Ross LLP Brownlee LLP 1900 Eau Claire Tower 2200, 10155 — 102 Street 600-3`a Avenue S W Edmonton AB TSJ 4G8 �� Calgary AB T2P OGS Re: Notice of Preliminary Hearing NOV 2 4 2021 Intermunicipal Dispute—Section 690 Mufaicipal Government Act COunty of Newell Appealed by: Village of Duchess Brnoks,AIbe1'te Bylaws under Appeal: County Newell Bylaw 2016-21 This letter is to advise you that the Land and Property Rights Tribunal(Tribunal) has received a notice of appeal from the Village of Duchess (Uillage) regarding County of Newell (County) Land Use Bylaw 2016-21. Alleged detrimental effect The Village is of the opinion that by deleting the"Fringe"Land Use District and substituting the"General Agricultural" Land Use District, Bylaw 2016-21, does not capture the impact some activities have on urban settlement. In summary, the Village contends: • The removal of the"Fringe"Land Use District, including the list of uses and subdivision policies, conflicts directly with the policies of the Intermunicipal Development Plan (IDP), • By deleting the "Fringe" Land Use District and substituting the General Agricultural Land Use District, Bylaw 2016-21 does not capture the impact previously prohibited agricultural and non- agricultural activities will have on the Village, • By deleting the "Fringe" Land Use District, Bylaw 2016-21 unilaterally changes policy which is ceutral to the function of the IDP, • Bylaw 2016-21 does not contain a comprehensive map, either in paper or digital form, which depicts a clear legend and the individual parcels of land which have been assigned zoning. Effect of�lin�appeal Section 691(1)(a) of the Ma�nicipal Government Act (Act) requires the Tribunal to conduct an intermunicipal dispute appeal hearing regarding this matter. Section 690(4) of the Act states the bylaw provisions under appeal are deemed to be of no effect in the areas outlined in the statutory declaration until the Tribunal makes its decision. Section 691(2) of the Act requires the Tribunal to hear from the municipality making the appeal, the municipality against whom it is launched, and the owners of the land that is the subject of the appeal. . . ./2 - 2 - A preliminary hearing is scheduled as follows DATE: Tuesday, December 14, 2021 TIME: 10:00 AM LOCATION: The proceedings will be conducted via WebEx Instructions for particination in preliminary hearing If you plan to participate in the preliminary hearing and/or wish to make an oral submission to the Tribunal during the proceedings,please advise the Tribunal office by 12:00 noon on Thursday, December 9, 2021. Written submissions pertaining to the preliminary hearing should be received by the Tribunal no later than 12:00 noon on Thursday, December 9, 2021. Copies of all written submissions received by the Tribunal will be forwarded to the Village and the County prior to the preliminary hearing and may be made available to the public. f..... <.. . _. . . _ ... . . �k.�:" '� � . ' . . ':�`' Copies of the.documents for this Intermunicipal Dispute appeal should be available for viewing at the - Village and the County ;municipal offices during regular business hours and may be available on the ;, rriunicipal welSsit�s. You;may also wish to contact: $ Yvonne Cosh Geoff Tiffin Chief Adminis.trative Officer Manager of Planning, Development&Engineering Village of Duchess County of Newell PO Box 158 183037 Range Road 145 Duchess AB TOJ OZO PQ Box 130 Phone: 403-378-4452 Brooks AB T1R 1B2 Email: ldministration@villa�eofcluchess.com Phone:403-362-3266 EmaiL• tiffing@newellmail.ca Written submissions regarding this matter should be sent to the Tribunal Case Manager at the address below. For more information about the appeal process or to notify the Tribunal that you plan to attend and/or wish to make an oral presentation at the preliminary hearing,please contact: Yours truly, Q,,,i; R ck Dunc� �-a.. Case Manager cc: Yvonne Cosh, Chief Administrative Officer, Village of Duchess Matt Fenske, Chief Administrative Officer, County of Newell Geoff Tiffin,Manager of Planning, Development&Engineering,County of Newell Sabhago Oad, Highway and Roadside Planning Engineer, Alberta Transportation Michael Scheidl, Manager,Municipal Dispute Resolution Services, Municipal Affairs Interested parties