The Town of Gibsons says it did nothing wrong in the process for issuing two development permits tied to the George Hotel project, despite the opinion from a lawyer representing a community group.
At issue is the demolition and removal of structures on the site of former boat yards and marine industries on properties slated for the hotel, and the timing of the development permits allowing that work, which is linked to testing for contamination at the site.
Robert Kasting, of the Vancouver firm Stewart Aulinger and Company, is acting on behalf of Gibsons resident Marcia Timbres and others, who also filed for a court injunction last March to try to stop the Town transferring a section of Winn Road to Klaus Fuerniss Enterprises, the developer behind the George.
In a letter dated March 27, Kasting said the permits were issued without the property owner submitting a “site profile” to the environment ministry. The site profile was submitted to the ministry in December 2016, and the developer has until December 14, 2017 to submit a full site investigation report.
“It is evident that an error occurred in granting the development permit to the developer in May 2016 and in issuing the amended development permit in July 2016. Now that the detailed site investigation has been ordered by the director, the Town must not issue any further development permits, demolition permits, or allow for any further rezoning. To do so would be to act in clear and knowing violation of s. 557 of the Local Government Act.”
Gibsons chief administrative officer Emanuel Machado said proper procedures were followed, and that the removal of the structures had to be done to allow for the work on the site profile.
“It’s important to note why that development permit was issued. It was part of the work to assess the contamination of the site. The fuel storage tanks and the old boathouse had to be removed in order to assess what’s under that facility. It’s to assist in that work that we had to issue a DP [development permit],” Machado said. “From the Town’s perspective, we don’t feel that we’re in contravention of any act.”
Gibsons has opted out of the provincial contaminated sites process, leaving the Ministry of the Environment to regulate assessment and remediation, if necessary, at the George site.
“Right from day one we have been concerned the process wasn’t being followed and [about] the impact of this development on our community,” Timbres told Coast Reporter. “What we wanted to show the public is what we’ve been saying all along is that the processes have not been followed. Individuals can now see, according to our lawyer, that indeed processes have not been followed. So maybe people who were on the fence about this development may look at this and have a different opinion now.”
Machado said the Town is drafting a response to the lawyer’s letter, but is not putting any part of the George approval process on hold as a result.
The main project, construction of the hotel itself, has so far only been granted one development permit – outlining form and character of the buildings. Before any construction starts, the Town must issue permits covering geotechnical hazards, environmentally sensitive areas and aquifer protection.
