The District of Lantzville has lost its bid to have a petition from the Lantzville Community Association dismissed in B.C. Supreme Court.
The community association filed the petition in March challenging the legality of bylaws passed by the municipal council in November that allow a controversial proposal for up to 250 housing units to proceed.
Developer Lantzville Projects holds 53 acres of undeveloped land in the small community of 3,600 immediately north of Nanaimo. The company applied in 2019 for rezoning and an amendment of the official community plan.
A public hearing was held in September 2020 and the proposal was approved by council a year ago, despite opposition in the community that included protests outside city hall and a 500-name petition against the project.
In her decision released this week, Justice Elizabeth McDonald said the non-profit community association is concerned about development and increased density in Lantzville, and is interested in promoting sustainable, moderate growth and retaining the community’s semi-rural character.
The association believes the bylaws breach the official community plan and that there were procedural problems during the public hearing.
The district filed an application in July asking for the association’s petition to be dismissed, saying the group lacks standing in the matter and did not put forward a reasonable claim.
Standing refers to whether a party has the right to initiate a legal matter in court.
The association argued that as residents or property owners in the district, its members have standing to challenge bylaws.
McDonald said there is a “high bar” to meet when considering striking down a pleading on the grounds that it does not have a reasonable claim.
She dismissed the district’s application to strike out the petition, but said the district can argue whether the association meets the threshold for standing at the same time the hearing is held into the legality of the bylaws.
