The prospective developer of a former sheep farm on Selwyn Road has pulled back an application to remove a land-protecting covenant, after residents and LangfordB次元官网网址檚 mayor opposed the move.

Back in 2002, Doug Jennings had a restrictive covenant placed on his 1.4 hectare property at 2684 Selwyn Rd. to prevent it from being subdivided and developed. Upon his death in 2005, the property was gifted to the local Anglican Church.

It was later bought by a private owner, Shawn Carby, and the landB次元官网网址檚 covenant is now co-held by The Land Conservancy and the City of Langford.

Carby is again seeking to have the covenant removed to allow for single- and double-family homes to be constructed on a portion of the the land, and has the backing of TLC for his request. The land is surrounded by residential homes.

Prior to making a similar request in 2017, which was ultimately rejected by council, Carby approached TLC with his plan to develop the property and received their support. In response TLC wrote that the propertyB次元官网网址檚 ecological condition had been degraded by invasive species, that fir trees were dying from fungal infection and that restoring the land would require B次元官网网址渆xtensive and expensive methods.B次元官网网址�

Not only does the property not represent nor is connected to a significant ecological reserve area, the transfer of ownership to a private landowner makes redundant the purpose of the original covenant, the letter concluded. TLC reiterated its support for removal in an Oct. 4 letter to Mike Achtem of Islander Engineering Ltd., representing the landowner.

Current plans submitted to the city call for 11 separate parcels in the centre of the long, rectangular lot, with parkland created at the front and rear covering 38 per cent of the property. A staff report stated that if the covenant were released and the development completed, the greenspace could be better maintained by the cityB次元官网网址檚 parks department.

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But some arenB次元官网网址檛 convinced by that proposal. Mayor Stew Young, in office when Jennings secured the covenant in 2002, said even with TLCB次元官网网址檚 backing he wouldnB次元官网网址檛 support its removal.

B次元官网网址淲e agreed to preserve the land and thatB次元官网网址檚 what weB次元官网网址檙e going to do,B次元官网网址� Young said during WednesdayB次元官网网址檚 rescheduled council meeting. B次元官网网址淲e are a little bit shocked the TLC (supports the proposal) to remove their covenant.B次元官网网址�

Colette Miller, whose house neighbours the property, admitted she would benefit from a park in the area but opposes the move. She researched the covenant when she saw the property on councilB次元官网网址檚 agenda and said it should stay in place, respecting JenningsB次元官网网址� wishes.

B次元官网网址淭his has to mean something,B次元官网网址� she wrote in an email to the city. B次元官网网址淲e cannot remember and respect our veterans only on Remembrance Day. How we treat them afterwards and honour their memories and wishes is something that always needs to be in place.

B次元官网网址淲hat good is a covenant if it can just be removed at will?B次元官网网址� she added. B次元官网网址淚 understand the need for development. But the property owner knowingly purchased a piece of land that specifically had a covenant in place to not develop it. The public should not have to defend a veteranB次元官网网址檚 last wishes of protecting open space in Langford.B次元官网网址�

Achtem told council the application to remove the covenant would be tabled to allow for more consultation with TLC.

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bailey.moreton@goldstreamgazette.com
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