(Source: The Vancouver Sun)

A B.C. Supreme Court judge has ordered White Rock city council to issue a development permit for a six-storey building after finding the city unlawfully rejected the project because of public opposition.

Justice Janice Dillon ruled Friday the city acted “in excess of its jurisdiction” when it refused to give Jacqueline and Robert Yearsley permission to build a condominium and commercial project on Victoria Avenue in the city’s waterfront business district.

The Yearsleys, who own Sausalito Bed and Breakfast, said they have been trying since 2005 to get city approval to redevelop the land.

Their plan met all the city’s bylaw and zoning requirements. But the city rejected the application, citing its design — saying it was too high and out of character with the neighbourhood — and public opposition to the project.

But the judge found the city went far beyond its scope in considering the project and didn’t give adequate reasons for rejecting it, noting “reliance on public opinion is not a relevant consideration if it is not linked to legitimate factors within the zoning bylaw or the [Official Community Plan].

Read Kelly Sinoski’s full article “Judge orders council to approve unpopular condo complex” in the Vancouver Sun (May 31, 2009).

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