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PLANNING AND DEVELOPMENT - Development permits - Right to obtain - Relationship to bylaws - Zoning - Zoning regulations - Land use - Types - Commercial

Thursday, May 25, 2017 @ 8:49 AM  

Lexis Advance® Quicklaw®
Application by Liquor Stores Limited Partnership (Liquor Stores) for permission to appeal from a Subdivision and Development Appeal Board decision, allowing Aggarwal’s appeal from the denial of his development permit application. Aggarwal wanted to operate a liquor store in the Terwillegar Gardens Shopping Centre. His development permit application was initially denied because his store would operate within 500 metres of two other retail alcohol stores, it lacked sufficient parking and did not comply with the crime prevention through environmental design criteria incorporated into the Edmonton Zoning Bylaw 12800. On appeal, the board held that the floor area of Aggarwal’s proposed store and the size of the shopping centre made the store a permitted use. Liquor Stores operated the two liquor stores in different shopping centres within 275 metres of Aggarwal’s proposed location. It was not given written notice of Aggarwal’s appeal from the denial of his development permit application. Only owners within 60 metres of the proposed store were given notice.

HELD: Application allowed. Liquor Stores was granted permission to appeal on the question of whether a store located within 500 metres of an existing store that otherwise met the bylaw requirements for store size and mall size was entitled to a permit as of right, notwithstanding that the approval would increase the concentration of stores to an unacceptable level. Permission to appeal was also granted on the question of whether any liquor store within 500 metres of a proposed store was entitled to written notice of an appeal. Given the special attention given to stores selling alcohol in the Edmonton Zoning Bylaw, it could be assumed that the entire community had a legitimate interest in the resolution of these questions, which were of sufficient importance to merit a further appeal.

Liquor Stores Limited Partnership v. Edmonton (City) [2017] A.J. No. 421, Alberta Court of Appeal, T.W. Wakeling J.A., April 28, 2017. Digest No. TLD-May222017008