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PLANNING AND DEVELOPMENT - Development permits - Relationship to bylaws

Friday, February 22, 2019 @ 8:31 AM  

Lexis Advance® Quicklaw®
Application by CFPM Management Services for permission to appeal a decision by the City of Edmonton Subdivision and Development Appeal Board. From 2015 onward, the applicant sold cannabis paraphernalia from a retail store located in a historical commercial area of Old Strathcona in Edmonton. In 2018, Edmonton enacted bylaws addressing the pending decriminalization of cannabis. Among other things, the bylaws permitted cannabis retail sales in several conventional, non-direct control districts, and provided for minimum separation distances between cannabis retail sales and parks, schools and libraries. The applicant's retail store was on the other side of the street from a small green space zoned as a park. The applicant applied to the City for a major development permit to change the use of its store from a general retail store to cannabis retail sales. The application was refused due to the failure to comply with the minimum separation distance requirement in respect of the park across the street, and the proximity to another approved cannabis retail sales store. The Board affirmed the decision, refusing variances that would have enabled the proposed development to proceed. The applicant sought permission to appeal.

HELD: Application allowed. The proposed appeal had a reasonable chance of success and involved a question of law of sufficient importance to merit a further appeal. Permission to appeal was granted on the question of whether the Board erred in law or jurisdiction in holding that it lacked the authority to grant a variance to the separation distance requirements and in finding that the development officer who had refused the applicant’s development permits application had followed the directions of Edmonton City Council.

CFPM Management Services Ltd. v. Edmonton (City), [2019] A.J. No. 15, Alberta Court of Appeal, R. Khullar J.A., January 9, 2019. Digest No. TLD-February182019009