PLANNING AND DEVELOPMENT - Building permits - Grounds for refusal - Development permits - Legal non-conformity - Downzoning

Law360 Canada ( June 8, 2022, 5:41 AM EDT) -- Appeal by G.S.R. Capital Group Inc. (GSR) from the dismissal of its judicial review application. GSR owned property in the city of White Rock that it wished to develop. The property was in an area designated in White Rock’s official community plan as a “development permit area”. In July 2018, White Rock issued GSR a development permit in respect of a proposed 12-story residential building. A municipal election was held in White Rock in October 2018. The incoming council was not as well disposed toward the proposed development as the outgoing council had been. The new city council downzoned the property and the City thereafter refused to grant GSR a building permit for the project on the basis that the application no longer conformed with the official community plan and the zoning bylaw. GSR brought judicial review proceedings to obtain relief that would have allowed it to proceed with construction of the planned building. The chambers judge dismissed GSR’s petition. She held that White Rock was entitled to deference in respect of its interpretation of the Local Government Act (LGA) and that its interpretation of the Act was not unreasonable. The chambers judge rejected the proposition that the proposed development constituted a lawful non-conforming use. On appeal, GSR took the position that White Rock was not entitled to deference in respect of its interpretation of s. 463 of the LGA. GSR further submitted that, in any event, the City’s interpretation of the provision was unreasonable. In the alternative, GSR took the position that the proposed development was a lawful non-conforming use protected by s. 528 of the LGA....
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