North Cowichan has been ordered by B.C. Supreme Court to reconsider its rejection of Vancouver Island Motorsport Circuit’s bid to develop a second track on its industrial property.
Justice Diane MacDonald quashed the council’s decision in a ruling published Monday.
The case raises the question of whether it is reasonable for a local government, having earlier decided that specific uses are allowed in a certain zone, to reach the opposite conclusion on a subsequent application without an explanation, the judge said.
Council had approved the first track, which opened in 2016, but refused in 2019 to allow a second track to be built on adjacent industrial land.
“I find that it was unreasonable not to provide a justification when the municipality deviated from its previous representations and decision, resulting in serious consequences for the petitioner,” MacDonald said.
Owners of the Motorsport Circuit were entitled to an explanation, she said.
“This lack of justification undermines public confidence in the rule of law and renders the (council) decision unreasonable.”
She ordered North Cowichan to reassess the application for the second track on its technical merits and reconsider it.
North Cowichan Mayor Al Siebring said: “We are not commenting on that yet.” Council will review the ruling with its lawyer during an in-camera meeting on today, he said.
Lorenzo Oss-Cech, lawyer for the Motorsport Circuit, said of his client: “They’ve always tried to work with the municipality. They want to be a good neighbour. They did everything right from the beginning.
“We hope that the municipality takes this decision and sees it as an opportunity to reengage with my clients,” with the aim of having a beneficial relationship which works for everyone.
The facility employs 24 people, it buys supplies locally and has made significant financial donations in the community, he said.
As for what’s next, “We are just waiting. The ball’s in their court,” Oss-Cech said.
The first track and related facilities, including a clubhouse, opened in 2016 after North Cowichan issued a development permit, something required before construction could start.
In 2018, an application was submitted to develop a second track on adjacent land.
Since then, North Cowichan council has twice turned down the bid for a second track.
An application for a comprehensive development zone covering both properties, which would have permitted the new track, was rejected after about 600 residents turned out to a December public hearing. Neighbours have complained of noise from the facility.
Justice MacDonald noted that different senior staff had examined the first and then the second phase of the project and in the later case, decided that the track did not fall under the list of permissible uses.
It is unclear why there were different interpretations of what was allowed under the zoning, she said. “[T]here is nothing in the record before the council that illuminates the municipality’s departure in this case.”
North Cowichan council simply upheld the decision of the second staff member withoutgiving an explanation to the petitioner, she said.
For six years, council had supported the track development and was satisfied that its uses complied with the bylaw, MacDonald said.
It was incumbent on the municipality to justify its decision to turn down the latest application, she said.
When the track’s lawyer raised the matter at a council meeting in December, “the Council members did not ask a single question or have any deliberative discussions, prior to putting the matter to a vote.”
In January, council voted in favour of a new comprehensive development zone that stated the motorsport circuit and related uses were allowed on the first phase of the property. It did not apply to the second phase.
