Grounds for rejection
July 30, 2009
There have been numerous statements over the past few months suggesting that the owners of CRC have the “legal right” to a 58-lot subdivision at Cape Roger Curtis. None of these statements can be attributed to a person with knowledge of municipal law, and appear to be simply a strategy to gain support for the CRC development. We now have a legal opinion on the matter.
Through a coalition of two Bowen organizations, the Bowen Island Eco-Alliance and the CRC Trust Society, a group of concerned citizens has come together to seek legal information about the subdivision process, specifically as it relates to CRC and the subdivision application that has been submitted by its owners. We have, through our own internal resources, retained the services of Don Lidstone, Q.C. who is considered by many to be one of the preeminent municipal lawyers in BC. (His biography is available online.) Mr. Lidstone has created a review of the subdivision application, which you can download as a PDF.
Mr. Lidstone’s review leads to some significant conclusions:
- There are good grounds for the rejection of the most recent subdivision application relating to the CRC lands, arising from the application itself and from the applicable law.
- If the approving officer does not reject the application, then opponents of this particular application would have good grounds on which to challenge his decision in court.
We think it is important for accurate legal information to be publicly available and we are are hoping that you will agree. We would appreciate it if you could draw other people’s attention to this as soon as possible.
- Fall 2009 update
- Legal Opinion on CRC Subdivision Application
- Parks Canada Initiative – Fall/Winter 2009
- Disappointment: The Owner’s New Proposal for Cape Roger Curtis
- Cape Trust Society praised for quality of work
- Fifty-eight-lot subdivision application for the Cape shouldn’t be on the table
- Cape Roger Curtis Trust Society Launches Wild Coast Plan 2
- CRC Plan Beyond Comprehensive
- Bowen agleam in red and green
- Wild Coast Plan 2
- Why environmental inventories are insufficient for conservation planning: Comments on the 2008 PGL report on CRC
- Four-legged friend or foe? Dog walking displaces native birds from natural areas
- Mitigating and adapting to Climate Change through conservation of nature
- CRC writer ignored biological issues
- Cape Roger Curtis Biophysical Summary
- Overview Environmental Inventory
- Success Stories Show Park at Cape Roger Curtis Not Impossible
- Council Resolution Defining the Public Interest in Cape Roger Curtis
- Follow up from Dr. Karel Klinka’s Assessment of the Cape Roger Curtis Property
- Ecological Assessment and Considerations in Developing the Cape Roger Curtis Property
- CRC Trust Society makes clear its position
- Trust Society comments on Neighbourhood Plan of September 2008
- Trust Society Comments on Ekistics’ Preliminary Neighbourhood Plan and Implementation Options
- CRC Transportation Study Points to the Need for an OCP Review
- It’s all in the numbers-–hundreds of houses are just too many
- Council encouraged to instate DCCs
- Developers should be held to task
- Walk Your Talk Inside and Outside
- CRC developers upped ante unacceptable
- Transparent or veiled?