The B.C. Agricultural Land Commission has rejected a request to reconsider its removal of 10 acres of farmland earmarked for the $35-million Gateway shopping centre in Sidney.
But even as the town convenes a special council meeting on Aug. 22 to consider roadway issues related to the proposed centre, a North Saanich resident is taking his fight to have the site remain farmland to the B.C. Ombudsperson’s Office.
Springfield Harrison and 10 organizations registered a request for the Agricultural Land Commission to reconsider in February, shortly after the commission decided to remove 10 acres from the Agricultural Land Reserve. Non-agricultural uses are restricted on land in the ALR.
The parcel is on airport land near the junction of the Patricia Bay Highway and Beacon Avenue.
In an Aug. 4 letter, commission officials told Harrison that the request failed to meet the requirements for a revisit.
“After reviewing the file material and the request for reconsideration, the executive committee did not believe your submission constituted evidence that was not available at the time of the previous decision or demonstrated that all or part of the original decision was based on evidence that was in error or was false,” said a letter on behalf of policy director Colin Fry.
On Tuesday, Harrison told the Times Colonist: “Since the ALC has no meaningful appeal process, I have placed the matter before the Ombudsperson’s Office.”
Harrison takes issue with part of the letter that says while the land has “good agricultural capability,” the panel had to consider other factors to ensure “the ALR is defensible [sic] in the long term.”
The panel cited previous decisions and existing industrial development and aviation use nearby rather than the high agricultural quality of the land and letters of opposition from the public, Harrison said. That, he contended, contravenes the commission’s code of conduct, which requires each decision to be made on its own merits.
“Essentially, the Island panel used irrelevant information to support their decision to exclude [the land from the ALR],” Harrison said.
“They do not demonstrate how so-called industrial uses and nearby aviation activities are any reason to state that the subject property has very little potential for agriculture. Especially when that same land has regularly produced hay crops for local dairy [operations] for decades.
“Their own evidence is self-contradictory.”
The Agricultural Land Commission did not respond to a request for comment.
The 10 acres, which are located between industrial land, residential land, runways and a highway, are owned by the federal government and leased to the airport.
The airport has more than 300 acres of land not in the ALR available for farming and nearly 300 more acres in the ALR, of which a significant portion is farmed or naturally treed, airport vice-president James Bogusz has said.
Sidney council unanimously supported the decision to take the land out of the ALR.
On July 11, council gave first and second readings to rezone the 10 acres to allow the controversial 100,000-square-foot development.
On Monday, Sidney will hold a special council meeting during which developer Omicron will present more information and updated plans, and report on its meeting with the B.C. Ministry of Transportation and Infrastructure.
Sidney has tentatively scheduled a public hearing for Sept. 12 at the SHOAL Centre for Seniors, contingent upon a response from the Ministry of Transportation regarding required zoning, according to the town’s website.
Mayor Steve Price has said there are many reasons for council to consider Gateway: a $3-million pedestrian highway overpass, a new roundabout at Galaran Road and Beacon Avenue to address a major traffic problem, and new sidewalks, bike lanes, street lights and trees. A large YMCA daycare and a satellite medical office affiliated with the Saanich Peninsula Hospital have also been promised.
Opponents say the development would duplicate major retailers such as grocers, pharmacies and fast food outlets, and siphon business away from the town’s central shopping area.
