Jones v. Chemainus Properties Ltd.

Jones v. Chemainus Properties Ltd.

The Development Permit was valid because it authorized only construction of the Driveway Access within the development permit area, contained an express condition prohibiting commercial use and requiring residential use until rezoning, and therefore did not, expressly or by necessary implication, authorize a use beyond the R3 zoning in contravention of s.920(4).

Citation
2008 BCSC 1502
Parties
Petitioner: Daryl Robert Eifon Jones; Respondent: Chemainus Properties Ltd.; Respondent: Municipality of North Cowichan
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 November 2008
Procedural Posture
Petition to Set Aside Development Permit / Judgment (reasons for Judgment, in Chambers)
Outcome
Petition dismissed
Legal Topics
Development Permits, Zoning Bylaws, Local Government Act Compliance, Judicial Review, Enforcement of Zoning
Source Language
English
Municipal Law Administrative Law Land Use and Zoning Statutory Interpretation Development Permits Zoning Bylaws Local Government Act Compliance Judicial Review +1 more

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Parties

Daryl Robert Eifon Jones

Petitioner

Chemainus Properties Ltd.

Respondent

Municipality of North Cowichan

Respondent

Procedural Posture

Petition to Set Aside Development Permit / Judgment (reasons for Judgment, in Chambers)

Legal Issues

  1. 1 Whether issuance of Development Permit 08.14 unlawfully authorized commercial use contrary to R3 residential zoning in contravention of s.920(4) of the Local Government Act
  2. 2 Whether the municipality exceeded its jurisdiction under the Local Government Act in issuing the permit

Ratio Decidendi

The Development Permit was valid because it authorized only construction of the Driveway Access within the development permit area, contained an express condition prohibiting commercial use and requiring residential use until rezoning, and therefore did not, expressly or by necessary implication, authorize a use beyond the R3 zoning in contravention of s.920(4).

Court Disposition

Petition dismissed

Orders

  • Petition dismissed
  • Costs awarded to the Municipality of North Cowichan and Chemainus Properties Ltd.