PLANNING AND DEVELOPMENT - Municipal or community plan - Relationship to zoning bylaws

Law360 Canada ( April 3, 2018, 8:24 AM EDT) -- Appeal by the Caring Citizens of Vancouver Society from the rejection of its challenge to a City of Vancouver bylaw. In 2017, the City adopted a bylaw that amended an existing zoning and development bylaw. The amendment permitted the Director of Planning to relax the zoning bylaw to permit low-cost housing development for individuals receiving assistance. Two months later, the Director exercised his discretion to permit the construction of temporary modular housing in the City's Marpole neighbourhood for use as social housing. The Director bypassed any public hearing process in respect of the applicable zoning bylaw and issued a development permit authorizing the construction and operation of the housing. The appellant filed a petition for judicial review that sought, among other things, to have the bylaw declared invalid and the development permit quashed. The chambers judge rejected the contention that s. 565A of the Vancouver Charter could not be construed in a way that allowed delegation of powers with the practical effect of amending the zoning bylaw by changing the uses to which land could be put. The chambers judge also rejected the contention that the City gave inadequate notice of the effect and purpose of the bylaw. The Society appealed....
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