Municipality Gets Second Kick at the Can on Defeated Zoning Decision


The City of North Vancouver Council defeated a zoning amendment on a fourth reading. The amendment proponents put the amendment application back before Council and passed by Council within six months despite a Council procedure bylaw that prohibited such a reapplication from being made within a 12 month period from the date of defeat. Further, a statutory section required Council to vote 2/3 in favour of considering the re-application, which vote was not taken.

The Judge held that as the Bylaw was procedural Council's failure to abide was not fatal to the amendment. Further, the mayor had the power to initiate a reconsideration.

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