Oasis Grove FAQ
UPDATE ON OASIS GROVE GOLF & RV RESORT
On Thursday June 27, 2019, the County issued a Stop Order respecting the Lands (LS 5&6, SW 33-22-25 W4M).
Why was a Stop Order issued?
A Stop Order was issued on the basis that development has been and continues to occur on the Lands without the necessary development permit and in contravention of the Land Use Bylaw and the Municipal Government Act. Contravening development at issue includes: stripping, grading, and trenching of the Lands and related work to convert portions of the existing authorized 9-hole golf course and authorized baseball diamond into a revised golf course and approximately 64 campsites and associated gravel access and roadways, and other servicing installations; installation of vertical netting structure(s); stockpiling of gravel and dirt; installation of unauthorized services (e.g. septic holding tanks, water tank and lines, etc.); and permitting the placement of Recreational Vehicles for the use of overnight accommodation or day camping, all within the east half of the Lands or the “Development Area” (approximately shown below in red outline).
What does the Stop Order require?
The Stop Order requires the landowner and persons responsible to stop the contravening development and to comply with the Stop Order, including restoring the Lands by July 31, 2019. Without the necessary development permit, the Lands must be restored to their prior condition (e.g. no campsites, restore the authorized 9-holes of golf, etc.).
The Stop Order does provide that the County may consider extending the deadline for restoring the Lands, provided that a complete development permit application is submitted to the County’s Development Authority by July 15, 2019.
Can the 64 campsites still be used?
No. The Stop Order prohibits overnight accommodation and day camping in the Development Area. Members of the public or lessees may only access the campsites portion of the Development Area to remove their personal property, (e.g. Recreational Vehicles).
Can golfers still use the golf course?
The Stop Order does not expressly close or prohibit use of authorized golf holes (e.g. golf holes authorized by the development permit amendment including site plan approved June 10, 2013). However, portions of the golf course may not be available for play due to the restoration work required under the Stop Order. For example, the Stop Order requires restoration work to golf hole #9 and requires moving tee box #8 to its previous location.
What may occur if the Stop Order is not complied with?
The County has considerable discretion and authority respecting enforcement. If the Stop Order is not complied with within the time limits provided in the Order, then the County may undertake further enforcement measures such as:
- Entering onto the Lands and performing the necessary remedial action pursuant to section 542 and 646 of the Municipal Government Act;
- Obtaining an injunction order from the Court of Queen’s Bench pursuant to section 554 of the Municipal Government Act;
- Issuing a municipal tag; and/or
- Issuing a violation tag.
Unless and until the Stop Order is complied with, the County may also register and maintain against the certificate of title for the Lands a caveat respecting the Stop Order.
The County may add the costs and expenses incurred by the County in enforcing the Stop Order to the tax roll for the Lands, which amount will be deemed to be a property tax imposed under Division 2 of Part 10 of the Municipal Government Act from the date that such costs are added to the tax roll and will form a special lien against the Lands in favor of the County from the date it is added to the tax roll, in accordance with section 553 of the Municipal Government Act.
Is there a right of appeal regarding the Stop Order?
For a period of approximately 21 days from the date of the Stop Order, the Stop Order remains subject to appeal by the landowner and persons responsible for the contravening development to which the Stop Order was issued, in accordance with the Municipal Government Act.