A petition to have the Harris Barn dismantled has been thrown out of court.
Last week, a B.C. Supreme Court judge released a decision to dismiss a case brought forward by Ladner residents Rick and Tara Sudbury, who argued the Corporation of Delta illegally constructed the structure next to their home.
The heritage barn, erected last year on the grounds of the Kirkland House in Ladner, has earned a reputation as a "party barn" with neighbours.
The couple argued the barn and parking lot are not consistent with the Agricultural Land Reserve designation of the property. They also argued that weddings and public gatherings do not fall within the concept of a heritage park. The Sudburys sought an order requiring Delta to dismantle the barn and to cease using the property for anything other than a passive heritage park as permitted by the Agricultural Land Commission.
The judge agreed with Delta's argument that the position is not reviewable under the Judicial Review Act, that the petitioners lacked standing to challenge the decisions and that some of them are moot.
The judge also noted, "I do not agree that the occurrence of weddings or other events makes what would otherwise be a heritage park, a non-heritage park. Those events are able to take place within a heritage park without detracting from either its park or heritage character. The petitioners have provided no basis for me to give 'heritage park' the circumscribed definition they advocate."
Opened in the spring of last year, the historic barn was refurbished and reassembled after being relocated from a property on 64th Street.
The barn has 8,000 square feet of space over two floors, providing a new venue for large special events that had previously been lacking in Delta, according to the municipality during the grand opening.
As soon as it opened, it was fully booked for weddings and other events, and it didn't take long for all of 2014 to be booked as well.
However, neighbouring homeowners were soon upset about the late night party noise and excessive lighting. Delta introduced a number of measures to mitigate the concerns, but those weren't satisfactory for the residents.
The Sudburys, whose backyard faces the barn, noted residents were given the impression the barn would be used as a museum and, at most, a meeting room for local groups.
Doubting such commercial operation is permitted in the ALR, they took Delta to court.
Earlier this year, Delta council agreed the municipality would back out of the lucrative wedding reception business at the barn.
"Use of the barn for wedding receptions has proven to be problematic. The nature of the rental is such that events go late into the evening, loud music and alcohol consumption spill beyond the limits of the barn and the majority of renters are from outside Delta, many of whom do not care about the impact their event is having on the facility or adjacent community," a report by CAO George Harvie stated.
