Marpole Residents Filed a Petition for Judicial Review Against the City of Vancouver Regarding the Temporary Modular Housing
VANCOUVER, British Columbia, Dec. 08, 2017 (GLOBE NEWSWIRE) -- Caring Citizens of Vancouver Society (the "Society") has, through its counsel McEwan Partners, filed a petition to the Supreme Court of British Columbia for judicial review against the City of Vancouver regarding its decision to construct a Temporary Modular Housing.
Orders Sought
The Petitioner sought, among other things, the following orders from the court:
- A declaration that Bylaw No. 11902, a Bylaw to amend Zoning and Development Bylaw No. 3575, is outside the powers of Vancouver City Council and the powers conferred pursuant to the Vancouver Charter, and an order quashing them;
- A declaration that the City of Vancouver failed to provide proper notice of the public hearing regarding the proposed adoption of Bylaw No. 11902 contrary to the Vancouver Charter;
- A declaration that Temporary Modular Housing is not a permitted use of the property located at 7430 and 7460 Heather Street (also known as 500-650 West 57th Avenue);
- In the alternative, a declaration that the City of Vancouver unlawfully fettered the discretion of the Director of Planning in the latter's issuance of the Development Permit DP 2017 - 01062, or that the decision to issue the Development Permit is unreasonable, and an order quashing the Development Permit; and
- Injunctions prohibiting the construction of Temporary Modular Housing at 7430 and 7460 Heather Street unless and until certain legal requirements have been satisfied.
Arguments
"The Society is gravely concerned that the City of Vancouver appears to have designed a plan to deprive the public and affected residents of the public hearing process," says Connie Kuang, President of the Society.
The Petitioner argues that the City Council cannot confer on the Director of Planning a power that the Council itself does not possess, namely the power to rezone land to permit new uses without first holding a public hearing. The Petition also refers to various facts and documents to support the argument that the City of Vancouver unlawfully fettered the discretion of the Director of Planning in the latter's issuance of the subject Development Permit.
Ms. Kuang comments on the location of the proposed Temporary Modular Housing at the 7430 and 7460 Heather Street site, "Not only is the City doing things it is not entitled to do, it is doing things at the worst possible location. The proposed Temporary Modular Housing would be literally next to Sir Wilfrid Laurier Elementary School and two other schools, with approximately 2,500 students."
"The Society will vigorously pursue legal recourse," Ms. Kuang says.
The Petition and the claims therein have yet to be proven in court.
Contact Information:
Connie Kuang
President, Caring Citizens of Vancouver Society
[email protected]
Caring Citizens of Vancouver Society
Caring Citizens of Vancouver Society (www.vancitizen.com) is a society incorporated pursuant to the laws of British Columbia. Its members include residents of the neighbourhood of Marpole, or parents of children who attend school in Marpole.
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