Boundary debate takes a turn in Qualicum Beach

Town to seek legal opinion in the wake of B.C. Supreme Court ruling

The town’s lawyer will be asked whether making a change to the Growth Containment Boundary is even necessary following a recent ruling by the B.C. Supreme Court involving the Township of Langley.

“The decision in Langley does have implications for how the town makes land-use decisions,” said director of planning Luke Sales. “The law evolves through decisions made at the Supreme Court level and until that is overturned, if it ever is, that is the way it is and the scales have been strongly tipped in favour of municipal autonomy.”

Coun. Mary Brouilette asked Sales whether it would be appropriate to ask the town’s solicitor if legally the town is still required to get approval from the Regional District of Nanaimo to approve land-use decisions in the future.

“My question is, if legally it’s not required to go to the RDN or to another level of government then what are we doing this for?”

Coun. Bill Luchtmeijer said the reason the town is going through with the process is because previous councils had voluntarily entered into an agreement with their partners and neighbours.

“If we’re going to ask to change that agreement,”

said Luchtmeijer. ” . . . It’s simple as that.”

Brouilette moved that council instruct staff to obtain a legal opinion from the town’s solicitor on the effect of the recent Supreme Court decision and how it affects the town’s process.

The town will continue its process and passed second reading of the Growth Containment Boundary OCP Review bylaw on Monday. The public hearing is scheduled for 7 p.m. on April 22 at the Qualicum Beach Civic Centre.

Briefly in other news from council’s meeting on Monday night:

• Only two residents registered their opposition to the construction of the new fire hall during the time period set aside in the alternative approvals process.

The town had chosen the alternate process after it was faced with a legal challenge surrounding the exchange of parkland on the property in order to build the fire hall in a desired location.

In the alternative approvals process, the public had 30 days to object to the plan by filling out an application at town hall. More than 10 per cent opposition (about 600 residents) would have meant a possible referendum.

Council passed the parkland exchange bylaw unanimously and the town will proceed with building plans.

• The College Heights development no longer needs to meet the LEED silver equivalency requirement, but instead must adhere to a Built Green standard following a vote by council Monday night.

The bylaw got third reading and adoption with only Coun.  Bill Luchtmeijer opposed.

A motion to issue a development permit was also passed, which will authorize a change to the heritage building which will see changes to the north facade and the two dormers on the south side increased in height.

While the other phases are being built, the developer has proposed to wrap the west facade of a concrete parking garage with a print screening featuring a natural scene, and is working with the town’s cultural consultant on the project.

Just Posted

Lincoln stolen from Parksville dealership found near Duncan

Vehicle was located three days later with minor damage

Ballenas student experiment going into space

Science experiment designed by five SD69 students will travel to International Space Station

Fire engulfs trailer, vehicle and home in Bowser

The fire began around 6:45 p.m. at a property on Laurel Crescent

Have a heart for a cause in Parksville Qualicum Beach

Stained glass artist selling hearts for the homeless for what might be the last time

Canadian flag, pole heisted from Qualicum Beach business

Thieves remained busy during holiday season

VIDEO: Car flies across median, flips over edge of B.C. overpass

Dash cam footage shows vehicle speeding across Brunette Avenue overpass in Coquitlam

First Parksville baby of 2019 born in Nanaimo hospital

Maverick Maurice Lapierre was five pounds, 11 ounces

Second fatal crash occurs in Alberni Valley

Traffic on Highway 4 is being re-routed as investigators are en route

Port Alberni RCMP officers bear-sprayed by suspect

Police were responding at scene of traffic accident

Right-wing, neo-Nazi, white supremacist groups an increasing concern: Goodale

Ten people died in April 2018 when Alek Minassian allegedly drove a rental van down the busy stretch in Toronto

Indigenous energy summit includes session on pipeline ownership options

Steven Saddleback of the Indian Resource Council says a session will feature presentations on financing models

Japanese grand champion Kisenosato retires from sumo

The 32-year-old Kisenosato was the first Japanese-born wrestler in 19 years to gain promotion to sumo’s highest rank

UPDATE: Accused B.C. high school killer found fit to stand trial

Gabriel Klein is accused in the 2016 stabbing death of Letisha Reimer at Abbotsford Senior Secondary

Canadian stock exchanges to conduct lottery for ‘POT’ ticker amid high demand

The symbol became available after fertilizer Potash Corp. officially merged with Agrium Inc. in early 2018

Most Read