The B.C. Court of Appeal has sided with the municipality of North Cowichan in its decision to deny Vancouver Island Motorsport Circuit a development permit to expand a track on its property.
In a unanimous decision, the court ruled North Cowichan council was reasonable in denying a permit for expansion, despite having previously approved a development permit for the first phase of the track.
“I’m gratified with the court’s decision,” said Mayor Al Siebring, adding it was vindication that council’s process was in order.
Siebring said it really came down to zoning interpretation, and that while it was reasonable for North Cowichan staff to grant a development permit the first time out, it was also reasonable that a council could deny a development permit on the same land at a later date.
Peter Trzewik, partner with the GAIN Group, which operates the motorsport circuit as well as luxury automobile dealerships, said they are taking the decision in stride.
In an interview, Trzewik said they have not yet decided if they will apply to have the case heard at the Supreme Court of Canada.
“We’re not unhappy with what we have, but I wouldn’t rule it out,” he said.
Trzewik said he often reminds himself, and his staff, what the company wanted to do from the start.
“It was never meant to be a racetrack, neither did it need to be. For us we don’t need the big one, our customers have fun with what they have,” he said. “Were we excited to build a second phase? Sure. But it’s not our core business and our customers have fun with the way it is right now.”
Vancouver Island Motorsport had envisioned a $36 million expansion for its second phase that would have included a five-kilometre paved circuit, an off-road circuit, a new clubhouse and buildings for storing and repairing motor vehicles. The expansion would have been on 42.47 hectares adjacent to Phase 1.
Trzewik said the company has more than enough on its plate already with getting the track, dealerships and a resort hotel prepared for what is expected to be a strong recovery year in 2022.
“The track, the way it is, has been running great, so we haven’t thought much about it,” he said when asked if they were disappointed at the Appeals Court ruling.
But he did say the ruling seems odd as it sends a message to developers that even if they get a development permit for a piece of land, a future council has the right to take it away. “I expect the development community may be more shocked than us,” he said.
The case had been taken to the Appeals Court this year after North Cowichan was ordered by the B.C. Supreme Court last fall to reconsider its rejection of Vancouver Island Motorsport Circuit’s bid to expand.
The council had approved the first phase, which opened in 2016, but with little explanation it refused in 2019 to allow the expansion to be built on adjacent industrial land.
aduffy@timescolonist.com
