Alberta mountain town loses appeal on order by tribunal to allow major developments

By The Canadian Press on October 3, 2023.

CALGARY – Alberta’s highest court has dismissed an appeal by a popular mountain community to reverse a decision by a provincial tribunal ordering it to allow two major developments that would almost double the town’s population.

Canmore town council had rejected the proposed Three Sisters Village and Smith Creek projects, but the Land and Property Rights Tribunal of Alberta ruled in May 2022 that both developments could go ahead.

The town, west of Calgary, had applied for permission to appeal that decision to the Court of Appeal of Alberta.

It was allowed to proceed with its appeal on questions of law and jurisdiction.

The Appeal Court says in its decision released today that the town has not established a basis for it to interfere with the tribunal’s decisions.

The justices say that it’s apparent the planning and development issues underlying the appeal have divided the community, but adds that the role of the court is not to decide who is right.

The two proposals on Canmore’s eastern edge include about 80 per cent of the town’s remaining developable land and raised concerns about affordable housing and wildlife.

The decisions by the tribunal, however, found both developments met the parameters set out in a 1992 review of the Three Sisters area by the Natural Resources Conservation Board.

This report by The Canadian Press was first published Oct. 3, 2023.

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