
Judge Grants Special Hearing on Challenge to Calgary’s New Blanket Rezoning Bylaw
A Calgary judge has granted a special hearing to opponents seeking to halt the city’s new blanket rezoning program, Postmedia reported.
Court of King’s Bench Justice Robert Hall agreed to the city’s request to delay the case, because a city lawyer, Henry Chan, said more time was needed to assess documents submitted just a few days earlier. But Hall scheduled a half-day special hearing within a month.
The rezoning program is tied to a new rezoning bylaw. The new bylaw allows homeowners to rezone single-family homes into other low-density housing forms like row houses and duplexes without having to obtain approval for the revised land use.
The city’s lawyer, Henry Chan, requested the adjournment, citing insufficient time to prepare after receiving documents from the challengers just days earlier, Postmedia reported.
Opponents welcomed the decision.
Richard Harrison, the opponents’ lawyer told the court that the new bylaw was already triggering development applications,
Nearly 300 people have signed onto the legal challenge, contending the bylaw threatens the character of neighbourhoods and was pushed through by councillors with predetermined positions.
The legal challenge follows Calgary’s longest-ever public hearing last spring, which saw over 5,000 written submissions and 736 people presenting their views to city council. Seventy percent of participants opposed the blanket rezoning, citing concerns over property values, infrastructure strain, and school capacity.
City council voted 9-6 in May to approve the new rezoning policy, which took effect in August. Proponents argue the changes are necessary to address Calgary’s housing shortage and improve affordability.
If it is allowed to stand, the revised bylaw will enable the city to reorganize zones across the city.
As a result of council’s approval, the city now permits the rezoning of all residential areas that had only allowed for single or semi-detached homes.
The Calgary Real Estate Board opposes the rezoning program.
The half-day hearing is slated for November 8.