Sierra Club of Canada v. Comox Valley Regional District

Sierra Club of Canada v. Comox Valley Regional District

The Board validly issued development permit DP 9B07 by passing a conditional resolution on October 25, 2007 pursuant to s.920(2) (the conditions mirrored OCP guidelines). The resolution was made before the downzoning and the Manager of Legislative Services was authorized to execute the permit under the Board's bylaw No.2779 and s.196 as an administrative function. There was no fettering of discretion, no impermissible promise induced by threat, and on the totality of the evidence Gas 'N' Go had made an unequivocal commitment to use the property as a gas station by October 25, 2007 so s.911 non-conforming use protection applied; petition dismissed.

Citation
2010 BCSC 74
Parties
Petitioner: Sierra Club of Canada; Respondent: Comox Valley Regional District; Respondent: Gas 'N' Go Petroleum North Ltd.
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 January 2010
Procedural Posture
Judicial Review of Development Permit / Final Judgment (reasons for Judgment)
Outcome
Petition dismissed; development permit DP 9B07 upheld
Legal Topics
Development Permit, Non Conforming Use (grandfathering), Delegation of Authority to Officers, Fettering Discretion, Official Community Plan Compliance, Zoning Bylaw
Source Language
English
Administrative Law Municipal Law Land Use Planning Environmental Law Development Permit Non Conforming Use (grandfathering) Delegation of Authority to Officers Fettering Discretion +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 8 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Sierra Club of Canada

Petitioner

Comox Valley Regional District

Respondent

Gas 'N' Go Petroleum North Ltd.

Respondent

Procedural Posture

Judicial Review of Development Permit / Final Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether the CVRD Board lawfully issued a development permit consistent with the Local Government Act and OCP guidelines
  2. 2 Whether the development permit was valid after a downzoning that removed gas stations as a permitted use
  3. 3 Whether the Board could authorize the Manager of Legislative Services to execute/issue the permit

Ratio Decidendi

The Board validly issued development permit DP 9B07 by passing a conditional resolution on October 25, 2007 pursuant to s.920(2) (the conditions mirrored OCP guidelines). The resolution was made before the downzoning and the Manager of Legislative Services was authorized to execute the permit under the Board's bylaw No.2779 and s.196 as an administrative function. There was no fettering of discretion, no impermissible promise induced by threat, and on the totality of the evidence Gas 'N' Go had made an unequivocal commitment to use the property as a gas station by October 25, 2007 so s.911 non-conforming use protection applied; petition dismissed.

Court Disposition

Petition dismissed; development permit DP 9B07 upheld

Orders

  • Petition dismissed
  • Development permit DP 9B07 is valid and upheld