public opinion irrelevant?
White Rock was the subject of another monumental Supreme Court decision last week. City Council’s decision to deny the Yearsley’s a development permit a few years ago for a six storey tower on the beach was overturned by the courts; the City has been ordered to allow the development to proceed.
The judge explained that “reliance on public opinion is not a relevant consideration if it is not linked to legitimate factors within the zoning bylaw or the OCP.” Since the six storey height of the building is permitted within the bylaw due to a fluke of how the property is sloped, public opposition to the height is legally irrelevant.
This is incredibly disappointing for three reasons.
First of all, it undermines the discretion that citizens believe City Council has for influencing development in the community. It greatly diminishes the authority I thought I had as a member of city council to direct the look and shape of buildings. In my decision to deny the permit, I believe that the building will not complement the surrounding neighbourhood or fit in with the general feel that is intended for the waterfront. Elected representatives for the community ought to have the authority to interpret public opinion and define the vision for the community’s future. Removing subjectivity from City Council’s judgement neuters its ability to respond to neighbourhood concerns and the community’s evolving vision. Read on »