Banff Alberta - Canadian Pacific Railway (CP) has filed an appeal against the Town of Banff move to prevent the railway giant from demolishing a century-old ice house, believed to be one of the few remaining in Western Canada.
 
Town of Banff planners say there will be a procedural meeting of Banff's development appeal board next Thursday (17 Nov 2016) because CP has requested the matter be adjourned until January 2017.
 
"The hearing is being held simply to delay the matter to allow time for both parties to try to come to a solution," said Darren Enns, Banff's senior planner.
 
"The Town of Banff remains optimistic that a solution for retaining the ice house will be arrived at over the coming months."
 
The Banff railway station ice house is a small two-storey building built around 1910.
 
It's located about 140 metres northeast of the historic train station and believed to be one of the few remaining original ice houses in Western Canada.
 
When the municipality got wind of the railway giant's plan to demolish the building without proper permits, CP was served a stop order on 5 Oct 2016.
 
The order also applied to unauthorized construction of a new building at the site, which houses vehicles and equipment, and includes office space.
 
The Town also has a court injunction filed, which mirrors that of the stop order.
 
CP officials say they cannot speak to the case because it's before the court, but appeal documents filed with the Town on 19 Oct 2016 argue the municipality has no authority to issue orders because municipal land use bylaws and building permits do not apply to CP lands.
 
One of CP's arguments is that Banff's incorporation agreement, which established Banff as a municipality in Alberta does not apply to their land.
 
They say the agreement limits planning provisions in the Town to lands held under lease, sublease, or licence of occupation from the Crown.
 
As the owner of the lands, CP argues its lands cannot be regulated under the incorporation agreement or the bylaws.
 
"The stop order, which requires CP to remove the new building and keep the ice house, will impede its ability to operate its railway," stated appeal documents.
 
Town planners say the ice house cultural value comes from its direct association with the CP railroad in Banff, while its architectural significance lies in its utilitarian function as an early refrigerator, and as an example of simple early western industrial architecture.
 
Jennifer Laforest, Banff's heritage planner, said the building is one of the earliest industrial buildings in Banff and is also thought to be one of the few remaining ice houses in Western Canada.
 
"It's not a pretty building, but it has a lot of significance," she said.
 
"We are very hopeful it will stay and will be preserved as part of Banff's heritage."
 
Cathy Ellis.

OKthePK Joint Bar Editor:  The journalist's incorrect reference to an "icebox building" has been renamed to "ice house". One wonders about Banff's statement about significant heritage as the building isn't typical of Western Canadian ice houses as shown below: