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Fintry Provincial Park, Upper Fintry, Valley
of the Sun, Killiney Beach
Subdivision History 1960's to 1970's
Click refresh to be sure you see updates.
January 25, 2015
|*Note* Below is just a snippet, please click link for entire contents
Shannon Woods Developments Ltd. v. Dodds, 1996 CanLII 870 (BC SC)
Citation: Shannon Woods Developments Ltd. v. Dodds, 1996 CanLII 870
(BC SC), <http://canlii.ca/t/1f3cx> retrieved on 2013-03-20
 The respondent, William Puhallo, is a regional manager for
the Ministry of Transportation and Highways. He is in charge of the
Planning Department for the Thompson Okanagan region. His department
is responsible for assessing future regional highway needs.
The Westside Highline Corridor ("the Corridor") is a proposed new
highway on the west side of Okanagan Lake intended to service the
transportation needs of the Okanagan Valley. A portion of the
corridor runs directly through the petitioner's subdivision plan.
 The petitioner has to date developed four phases of the Shannon
Woods Development. This petition is confined to Phase Five of this
development. In order to obtain approval for a subdivision, a
developer must first seek approval from the Provincial Approving
Officer under the preliminary layout approval system. The developer
must submit an application for preliminary layout approval. This
application is supported by documentation and is referred to various
government agencies for comment. These agencies review the proposed
development's impact upon their areas of responsibility.
BC Court Judgement - expropriation of land to replace
paved highway to replace the old Westside Road
*Note* Below is just a couple of
snippets, please click link above for entire contents
 Granite Development Ltd. was the owner of a 179-acre parcel
of land fronting on the west shore of Okanagan Lake. Westside Road
ran through the land.
 In September 1972 Granite obtained preliminary layout approval
for subdivision of the land under s. 88 of the Land Registry Act.
Pursuant to this approval and extension of it, Granite commenced
building roads and moving earth.
 Almost a year later, in August
1973, the Minister of Highways announced the government's intention
to take surveys to determine possible routes for the construction of
a four-lane paved highway to replace the old Westside Road.
In September 1973 a stop-work order - the first of many - was issued
 From 1973 to the summer of 1975 the process of developing the
subdivision continued, hampered increasingly, however, by the
prospect of the new highway, which was officially announced in the
B.C. Gazette of 24th October 1974. In November Granite's engineer
wrote to the department stating that a design plan of the road which
he had obtained "virtually destroys our economics and plans of the
last approved subdivision", and asking for consideration in speeding
up the subdivision process and warning that further delays might
lead to the loss of another season. Pursuant to assurance of early
processing, Granite on 24th April 1975 submitted a revised plan to
the department incorporating the proposed location of Westside Road
as finally agreed.
 In the midst of the process of revision required by the new
highway and allegations of delay on the part of the department, a
step was taken which was to preclude the development of the
subdivision. On 20th November 1974 the Central Okanagan Regional
District ("C.O.R.D.") passed a by-law imposing a minimum ten-acre
lot size over a vast area of rural land, including Granite's. By
this time, the preliminary approval for the subdivision which
Granite had earlier obtained had lapsed. In July 1975 the department
advised Granite that it was rejecting a revised layout plan because
it did not comply with the ten-acre minimum lot size.
 In November 1979 the government published notice of
expropriation of 24.34 acres from Granite for the new road. The
expropriation was completed on 20th January 1979. The new right of
way was about one mile long, cut a wide swath and emphatically
divided the lands. After the taking, the lands were traversed by
both the old and the new Westside Roads.
 The Crown compensated Granite for the land taken on the basis
of the value of undeveloped rural land. However, the umpire to whom
questions of compensation were referred awarded Granite additional
compensation for pre-expropriation losses. He found as a fact that
the minister's acts had caused a diminution in the value of the
land. In particular, he found that Granite's ability to complete the
subdivision was lost due to the actions of the minister's employees
in 1973 and 1974, including ordering Granite to stop work. He found
that Granite would have completed the subdivision in 1974 but for
the actions of the minister. These findings led the umpire to award
Granite damages for pre-expropriation diminution in land value. He
also held that Granite had acted reasonably between September 1973
and January 1980 to mitigate its loss, and awarded compensation
mitigation costs and for certain pre-expropriation business losses.
In the result, the umpire ordered the Crown to pay compensation to
Granite for pre-expropriation losses as follows:
1. compensation for damage to land before the taking in the amount
of $154,000 plus interest;
2. compensation for business loss before the taking in the amount of
$252,857 plus interest;
3. compensation for Granite's costs of time before expropriation in
mitigating its loss, in the amount of $30,000.
The umpire awarded compound interest from the date of the taking on
these and other sums awarded.
=======CLICK LINK ABOVE FOR THIS
 The chambers judge held that para. 9 of the agreed statement
of facts at arbitration precluded the umpire from awarding
compounded interest on the pre-expropriation losses. That clause
9. That the Minister is liable to pay to the claimant interest on
the unpaid compensation found owed to the claimant for the taking of
January 21, 1980 calculated on the basis of the rate set out in the
Court Order Interest Act, or regulations thereto, from the date of
the taking to the date of payment.
 Compounded interest cannot be ordered under the Court Order
 Granite says that cl. 9 was merely an admission by the minister
as to what interest rates would be used and that other provisions of
the Act do not apply.
 This submission is difficult to understand, given that no rates
for interest in the narrow sense of an annual percentage earned on
moneys can be found in the Act; the Act provides only that interest
is to be paid at a rate the court considers appropriate and
specifies that it must not be less than the rate allowed by the
Interest Act (Canada). If the reference to rate in cl. 9 is to be
given any meaning, it must be that the provisions of the Act apply
generally insofar as they may affect the calculation of interest.
 I would dismiss this branch of the appeal.
 I would allow the appeal and restore the umpire's award with
respect to pre-expropriation losses. I would dismiss the appeal with
respect to interest.
Who but the Dept of Highways would have approved Muir subdivision with no road
access to 30 + property owners! How would property owners ever build a
road up the bank from Westside Road to their properties? Why is there no
legal access off Dunwaters Road to these 30 + property owners? How stupid
is government anyway? Unbelievable!
|May 13, 2010 Letter from RDCO to Property Owners - File No.
Re: Upper Fintry (Muir) subdivision
2. Are the properties bordering on Westside Road land-locked?
And, are they still part of the Water System Service Area?
In 2009 the Regional District sent out notices to these 30+ property
owners indicating that their (assumed) access off Dunwaters Road is
not legal. This notice does not mean access off Westside Road would
also be denied. Access permits are issued by the Ministry of
Transportation (MOT) after building permits have been applied for.
These properties will remain in the service area unless it is
confirmed by the MOT that the property is land-locked. The MOT
considers each application for access independently and considers
such items as sight-lines, proximity to intersections and other
points of access prior to issuing permits.
Source - RDCO's
Project Update Letter May 2010 - Valley of the Sun water system
|An application for a Water Licence by Beaupark
Ranch and Okanagan West Shores View
pg 6, pg 38-39, pg 41, pg 50, pg 52-53
Ceasars Landing - Erosion & Siltation. pg 24, pg 28 and
|REGIONAL DISTRICT of CENTRAL OKANAGAN
‘A Look Into the Past’
A Historical Review
1967 – 2006
by A.T. Harrison
*These are just snippetts,
click link above for full content*
Regional and Community Planning Letters Patent issued in 1969
Under the authority of Supplementary Letters Patent dated March 19,
1969 the Regional District was granted the function of regional and
community planning. It is noted that Community Planning Area #1 and
part of Community Planning Area #2 established under the Local
Services Act were within the boundaries of the Regional District and
that certain regulations applied to those areas. These areas
encompassed the Lakeview Heights area, South Pandosy and Rutland
community north to Pino Road, all of which were outside the boundary
of the City of Kelowna. In October of 1969, the provincial
government passed an order in council to apply the regulations which
force and effect in those areas as if they were bylaws adopted by
the Regional Board.
These regulations related to land use within those areas.
In September of 1972, the Regional Board expanded the Community
Planning Area #1 provincial regulations to all electoral areas of
the Regional District. Land use regulations were therefore clearly
in place covering all areas of the Regional District;
however, more controls were on the horizon with the provincial
government adopting the Agricultural Land Reserve legislation in
There have been several land use bylaws adopted by the Regional
District over the years, as listed below but one which clearly has
some historical significance is Bylaw No. 176 which was adopted on
the 9th of March, 1981. This bylaw repealed the Community Planning
Area Regulations which previously applied to the Regional District
by way of Letters Patent and Zoning Bylaw #66, and replaced those
regulations with a full complement of land use requirements for all
Electoral Areas of the Regional District.
Initial regulations pertaining to the management of land use and
subdivision established for Community Planning Area No. 1 under
Supplementary Letters Patent, approved by the Provincial Government
on October 27, 1969.
(3) of Community Planning Area No.1 Regulations pertaining to
subdivision repealed March 17, 1971 and replaced by Subdivision
Regulations 262/70 of the Local Services Act.
Valley of the Sun was approved by the Dept of Highways on August 18,
• Zoning Amendment Bylaw No. 66 adopted on September 6, 1972 in
order to apply zoning regulations to the Electoral Areas of the
Jan 12, 2004 Change of Name for the Westside
July 15, 2002 Electoral Area 'G' and Electoral Area Westbank
are now joined as one and called Westside Electoral Area.
These are two snippit's from some history documents that we received from the BC
This would be in regards to the Fintry Delta water system
Now, a Mr. Cushing, Area Building Inspector, has
launched an objection against the approval of the sub-division with regard to
domestic water supply.
click snippit to read larger print
or click link to read a
In the specific case of Fintry we feel that if the subdivision is approved
without water, the Government will be faced in one way or another with an
increasing pressure for services. I understand from our Building
Inspector, Mr Cushing, that water is available by
well if you go down about 600 feet. There is also a
where piped water could be available if some means were created for an
click snippit to read larger print
Click here to
read the entire package of documents (not just the snippits above) that we
received from the BC Government in regards to Fintry Provincial Park, Upper
Fintry subdivision, and a little bit about Killiney Beach subdivision even.
We also received this
map to go along
with the package.
REGIONAL DISTRICT GOVERNANCE IN BRITISH COLUMBIA: A CASE STUDY IN AGGREGATION
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If you happen to know a little history
regarding Fintry Provincial Park and or any of the local North Westside Road
subdivision's history, please feel free to fill out the form below to be posted to the
internet here on this
website. Its always nice to hear stories from the ones that have lived in
this area for ages and hearing what they know from way back when.
If you have something you would like to see up here on the internet, please
If you want to view resident's comments,
Local Services Act
November 5, 1970
Local Services Act
[includes amendments up to B.C. Reg. 555/2004, December 31, 2004]
[SBC 2004] CHAPTER 44
Local Government Act
[RSBC 1996] CHAPTER 323
Land Title Act
[RSBC 1996] CHAPTER 250
[SBC 2003] CHAPTER 26
[RSBC 1996] CHAPTER 179
Municipal Amendment Act, 1977 (Bill 42) Second reading.
14 -- 2000
STATUTES AMENDMENT ACT, 2000
Judicial Review Procedure Act
[RSBC 1996] CHAPTER 241
Crown Proceeding Act
[RSBC 1996] CHAPTER 89
District of West Kelowna Historical Facts
"Doubt comes in at the window when inquiry is denied at
the door." -
Benjamin Jowett (1817-1893)
Make a Comment
[ 1973 Nov 7 OBWB ] [ 1973 Sep 27 OBWB ] [ 1970 Feb 16 Mun Aff ] [ 1970 Feb 9 PUC ] [ 1969 Sep 26 RDCO ] [ Advisory Services ] [ Bylaws ] [ FOI Act ] [ History ] [ Judgements ] [ Land Registry 60 ] [ Laws ] [ Letters Patent ] [ Licence ] [ Local Services 59 ] [ Local Service 59/495 ] [ Local Services 21/60 ] [ Local Services 70 ] [ Municipal Act 1960 ] [ Municipal Amend 69 ] [ Mun. Enabling ] [ Mun. Enabling 69 ] [ Order-In-Council ] [ Quashing ] [ RDCO CPA 1 ] [ Sub. Reg. 262/70 ] [ Town Planning 25 ] [ Water Advisories ]
[ 1973 Nov 7 OBWB ] [ 1973 Sep 27 OBWB ] [ 1970 Feb 16 Mun Aff ] [ 1970 Feb 9 PUC ] [ 1969 Sep 26 RDCO ] [ Advisory Services ] [ Bylaws ] [ FOI Act ] [ History ] [ Judgements ] [ Land Registry 60 ] [ Laws ] [ Letters Patent ] [ Local Services 59 ] [ Local Service 59/495 ] [ Local Services 21/60 ] [ Local Services 70 ] [ Municipal Act 60 ] [ Municipal Amend 69 ] [ Mun. Enabling Act ] [ Mun. Enabling 69 ] [ Order-In-Council ] [ Quashing ] [ RDCO CPA 1 ] [ Sub. Reg. 262/70 ] [ Town Planning 25 ] [ Water Advisories ]
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Westside Road Gossip
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