LAND AND PROPERTY RIGHTS TRIBUNAL  
Citation:  
Hutterian Brethren of Summerland v Vulcan County, 2022 ABLPRT 555  
Date:  
File No.  
2022-04-29  
D21/VULC/CO-021  
Decision No. LPRT2022/MG0555  
Municipality: Vulcan County  
In the matter of an appeal from a decision of Vulcan County Development Authority (DA) respecting  
the proposed development of Multi-Unit dwellings, a kitchen and kitchen preparation area, a school, a  
kindergarten, a church and a cemetery under Part 17 of the Municipal Government Act, Chapter M-26  
RSA 2000, (Act).  
BETWEEN:  
Hutterian Brethren of Summerland  
Appellant  
- and -  
Vulcan County  
Respondent Authority  
BEFORE: D. Piecowye, Presiding Officer  
W. Jackson, Member  
D. Woolsey, Member  
(Panel)  
K. Lau, Case Manager  
DECISION  
APPEARANCES  
See Appendix A  
Page 1  
File No. D21/VULC/CO-021  
Decision No. LPRT2022/MG0555  
This is an appeal to the Land and Property Rights Tribunal (LPRT or Tribunal) from a decision of Vulcan  
County DA respecting an application for a development permit affecting NW 12-13-24 W4M. The  
hearing was held via videoconference on December 13, 16 and 17, 2021 after notifying interested parties.  
OVERVIEW  
[1]  
This appeal concerns Vulcan County’s (County) refusal of a development application by the  
Hutterite Brethren of Summerland for four multi-unit dwellings, a kitchen, a kitchen preparation area, a  
church, a school, a kindergarten and a cemetery on a quarter section four miles south and two miles east  
of the Village of Carmangay. The proposed uses are discretionary in the Vulcan County Land Use Bylaw  
(LUB). The quarter section is also the site of a 2018 Natural Resource Conservation Board (NRCB)  
approval of a confined feeding operation (CFO). The proposed development, if approved, would facilitate  
the establishment of the Summerland Hutterite Colony (Summerland).  
[2]  
Summerland appealed the refusal on the basis that the application is consistent with the South  
Saskatchewan Regional Plan (SSRP), the Vulcan County Municipal Development (MDP) and the LUB  
and does not impact the surrounding farmsteads or the Village of Carmangay. Nearby farm  
owners/residents and village residents provided detailed testimony describing the expected impact of the  
proposed development and the reasons for their opposition to the application. Expert witnesses provided  
reports and testimony primarily related to the SSRP, the MDP and the LUB on behalf of each of the  
parties.  
[3]  
The Tribunal approved the application with the 14 conditions that were recommended by the  
County should the development be approved. The Tribunal concluded that the application was consistent  
with the relevant provisions of the SSRP, and the MDP. The proposed uses do not require any relaxation  
of the LUB development standards, and have minimal or no impact on the surrounding area, its residents,  
or on Carmangay. The LPRT concluded the Landowners’ concerns are almost entirely related to the  
potential impact of the NRCB-approved CFO. The LPRT has no jurisdiction to hear an appeal of the  
NRCB approval of the CFO.  
REASONS APPEAL HEARD BY LPRT INSTEAD OF SDAB  
[4]  
The appeal was filed with the LPRT instead of the local subdivision and development appeal  
board (SDAB) because, s. 685(2.1)(a) of the Act and s. 2 of the Subdivision and Development Appeal  
Regulation directs development appeals to the LPRT when the land that is the subject of the application is  
the subject of a license, permit, approval or other authorization granted by the NRCB, Energy Resources  
Conservation Board, Alberta Energy Regulator, Alberta Energy and Utilities Board, Alberta Utilities  
Commission or the Minister of Environment and Parks (AEP).  
[5]  
In this case, the subject land is the subject of approvals granted by the NRCB and by AEP.  
PROPOSAL  
[6]  
To develop four multi-unit dwellings (24 housing units), a kitchen and kitchen preparation area, a  
school, a kindergarten, a church, and a cemetery on NE and NW 12-13-24 W4M in Vulcan County.  
Page 2  
File No. D21/VULC/CO-021  
Decision No. LPRT2022/MG0555  
Page 3