WEB EXTRA: Observatory debate descends into turf war
By Tracy Clark - Penticton Western News
Published: July 22, 2008 10:00 AM
Updated: July 23, 2008 10:50 AM
A debate about the protection of the White Lake observatory was clouded by issues of political jurisdiction at a recent regional district meeting.
Penticton Coun. Rory McIvor last week proposed that the regional district consider changing zoning bylaws and the regional growth strategy to increase protection around the Dominion Radio Astrophysical Observatory to ensure it is not adversely affected by proposed development in the area.
He was prompted to bring the issue forward after speaking with observatory staff about their concerns regarding a large-scale development proposed in the St. Andrews by the Lake area.
But rural directors around the board said McIvor was out of line. While many agreed that the observatory is an asset to the region, they pointed out that it is located in a rural area for which he has no jurisdiction.
The voting format at the regional district does not allow municipal representatives to vote on any land use matters in rural areas of the valley.
Bill Schwarz, who represents the South Skaha area, said he fully supports the observatory and provisions to protect it are already in place in the community’s official community plan and zoning bylaws, which put the onus on the developer to prove their development will not impact the radio frequency of the observatory
“I support everything (the observatory) stands for. I don’t support a local politician imposing artificial restraints when there are real restraints there,” he said.
Schwarz said he wanted to see McIvor’s motion removed from the regional district agenda because he feared that allowing it to go forward would set a precedent for the future of the rural areas.
“It’s a slippery slope,” he said. “Once we go down that slope then the city or the town will be able to dictate to the rest of the (rural directors).”
While many rural directors agreed, Schwarz was unsuccessful in disabling the motion.
McIvor said he was concerned that this issue dominated the debate rather than the issue of protecting the observatory.
“When the notice of motion hit the table I was disappointed in the fact that some of the rural directors took offence that an urban director would move a motion like that,” he said. “They spent more time protecting their own turf than protecting the observatory.”
McIvor argued that the observatory is an asset to the entire region and as such, protecting it is the responsibility of the entire region.
While McIvor acknowledged the existing zoning bylaws for the area offer “some provisions,” the bylaws must recognize further how such protection is fragile.
“We have the ability to draw a circle around it and protect it,” said McIvor, adding that the existing language in the bylaw is obviously not sufficient to discourage developers from considering the area.
Observatory director Sean Dougherty said while the observatory doesn’t have anything against the developer personally, the proposal has prompted the observatory to examine its existing bylaw protection.
“The developer himself has just prompted us to realize we are on somewhat shaky ground when it comes to our legal protections and we would like to see them shored up,” he said, adding he was excited to see the regional district bring the issue back to the table.
But Schwarz argued the wording in the zoning bylaws are affective and pointed out that scientifically proving that a development will not adversely affect the observatory is an onerous task. Even if it could be proven, he said the developer would face several more hurdles at the regional district level.
Schwarz, however, did support a motion to look at changing the wording in the regional growth strategy to enhance protection around the observatory. The regional growth strategy meeting, where all rural and municipal members can equally debate the issue, will take place on Aug. 7 and will include representatives from the observatory.





