The Residents and Ratepayers of Central Saanich Society has launched an appeal of the ruling in their challenge to the Vantreight subdivision bylaw.
In the fall of 2010 Central Saanich council passed a bylaw allowing Ian Vantreight to build 57 houses on part of his Central Saanich property. The ratepayers challenged the bylaw in court on the grounds that it was contrary to the Official Community Plan.
Last month, Justice Curtis ruled that council was acting within its powers to override the OCP, and dismissed the challenge.
In his reasons for judgement, released April 18, Justice Curtis stated: “I am not persuaded that bylaw 1712 is inconsistent with the Official Community Plan adopted by the District of Central Saanich and I dismiss the petition to quash the bylaw.”
“We have reviewed the reasons for judgment carefully, and believe that it does not give effect to the basic principle, enshrined in the legislation, that municipal councils cannot act in a manner contrary to the OCP,” said ratepayers’ president Ian Cameron. “The Municipal Act makes it quite clear that the OCP exists to limit the actions of council — that’s one of the main reasons we have OCPs in this province.”
