A residents’ association has sued the City of Vancouver in an attempt to block what it claims is an unauthorized reduction of view corridors.
The nonprofit Residents Association Mount Pleasant (RAMP) filed a notice of civil claim in B.C. Supreme Court on March 4 alleging that the city—without council debate, public notice, or motion of council to amend the applicable zoning and development bylaw—significantly narrowed “view cones” that are legally protected.
Future buildings as much as 100 feet higher than those previously permitted will now be allowed to block mountain views along the corridors, called View Cone 20 (northward from Broadway at Granville Street) and View Cone 22 (northward from Main Street at East 6th Avenue), RAMP stated in a release.
The notice of claim says that the Vancouver Charter, in Section 562 (1), stipulates “the requirement that Official Development Plans be created and amended by Bylaw”.
The notice also cites a “pattern of misrepresentation during several years of public consultation and testimony to Council” regarding View Cone 22 and “continued misrepresentation in the case of View Cone 20”.
Among other things, the suit asks the court to quash three council decisions on two dates in 2013 and 2014 and to find that a particular bylaw “had not been legitimately amended by order of Council before its posting and promulgation as law” in May 2010.
The notice says the “Plaintiff seeks no damages…from any individuals” but does request court costs and “a formal letter of apology from the City of Vancouver Planning Department and Staff to the residents of Mount Pleasant”.
None of the allegations in the notice of civil claim have been proven in court. The city has yet to file a statement of defence.