A Gibsons man says he’s considering legal action after councillors turned down his application for a development permit in a reconsideration vote June 6.
Garry Spencer, a 76-year-old retired engineer, has been trying to get the permit for Lot 22 on Burns Road since early 2015. He transferred ownership of the property to his son David, but has continued handling the development process.
Spencer’s plan calls for rerouting a watercourse known as Goosebird Creek so that it crosses the property horizontally at the back and then along the property line instead of meandering diagonally.
The major points of contention between Spencer and Town officials are whether Goosebird Creek should be treated as a creek, or merely a ditch, how the riparian area regulations should apply, and whether part of the proposed diversion can be covered.
Spencer argues it is a ditch, and Town requirements to renaturalize the area and keep the diversion open are too onerous, and could even create a dangerous situation if the watercourse is rerouted through a deep channel that’s left open.
After an initial rejection last year, Spencer was encouraged to come back with an updated plan. That plan was filed in February and proposes a grating over the section that was to have been fully covered.
That too was rejected by the Town’s planning department, which said, “a grate is not compatible with the environmental function of the watercourse in providing habitat and corridors for wildlife.”
Spencer asked for a reconsideration of that decision by council.
Speaking as a delegation at the June 6 meeting, Spencer said, “Town staff have constantly promoted an open ditch, and we’ve constantly replied that we’ve met the requirements of [Development Permit Area 2] without an open ditch. We have a safety problem and a loss of property value problem.”
The owners of a nearby property, lot 38 on Maplewood Lane, also made a presentation claiming problems with storm water are affecting property values and holding up efforts to build a house.
Spencer told council, “I don’t think I’ve been treated properly. When you meet requirements that are established in your official community plan you should be given a permit… I’ve stuck by that for two years.”
Mayor Wayne Rowe asked Spencer why he chose not to follow council’s request of November 2016 to get a new report from a qualified environmental professional, and why the open watercourse is a problem.
Spencer said he felt earlier reports addressed all the issues, including revegetation and the covering part of the rerouted watercourse. “There’s no need for that whatsoever. There’s no justification for an open ditch. My qualified environmental professional filed a report saying there’s no need for it … and it was accepted by the Ministry [of Forests, Lands and Natural Resource Operations],” he said.
When reconsideration was debated later in the meeting, Rowe pointed to Spencer’s decision not to provide a new environmental report.
“I’m a bit concerned that he chose not to pursue the course that was open to him by council in November,” Rowe said.
Councillors voted unanimously to reject the updated development permit application.
Spencer left the meeting saying he had no intention of submitting a new application and that he was going to meet with his lawyer to pursue a statement of claim.
