f =6YOUR COMMUNITY SUCCESS . PAGE 23 Caulfeild zoning decision upheld CONSTRUCTION OF a $10 million shopping centre on Caulfeild Plateau will be able to proceed after a B.C. Supreme Court ruling Wednesday. Justice Reginald Gibbs rejected the arguments of a group of West Vancouver residents, who asked the court to quash.a decision by West Vancouver District Council involving commercial Cau! feild land. Group spokesman Russel Precious -said an appeal is likely, depending on the outcome of tomorrow's civic election. (See sidebar story.) On July 21, West Van council used a minor bylaw amendment to increase commercial Caulfeild land from 3.5 acres to 5.3 acres — after a request by Bell Canada Enterprises Development Corpora- tion — on behalf of British Pacific Properties. The developers, who acquired an option to purchase the land trom British Pacific, requested the amendment in order to proceed with plans to build a regional shopping centre on Caulfeild By KIM PEMBERTON News Keporter Plateau. One of the rain arguments put forth by the 18 residents was that West Vancouver Council was wrong to use a minor instead of a major bylaw amendment to the land use contract. Precious said councils decision to use a minor amendment meant the developer's application did not need to go to a public hearing. But Gibbs ruled whether the amendment was minor is ‘entirely without significance"? from the point of view of the residential land owners. “Whether an amendment to the land use contract is or is not ‘minor’ must necessarily be viewed from the vantage point of the par- ty making the complaini,’’ reads Gibbs’ judgment. “Here all of the adverse impact is upon the developer, who becomes subject to much greater restrictions than before. None of the petitioners who are residential land owners in the area and who filed affidavits in suppert of the Petition expressed any apprehen- sion of potential adverse impact, or any impact at all (from the pro- posed shopping centre)."" Gibbs noted without evidence of adverse impact, the question of whether a minor or major amendment is used is a ‘‘matter soiely between British Pacific and the muncipalily."' Stephen Nicholls, director of planning and development in West Vancouver, testified at the hearing that he thought it was desirable for the district to be involved in the detailed planning of the commer- cial area. He said this would allow local concerns to be addressed, such as whether a ‘greenbelt’ be- tween the residences and shopping centre would be provided. Nicholls stated that at the time of BCE Development Corp.'s ap- plication, commercial area was in the range of 3.5 to four acres. Gibbs noted the dilemma facing Nicholls was whether the entire 5.3 acres was commercial, or was some lesser area commercial and the dif- ference residential. Nicholls stated, ‘It was my opi- nion that if the area of commercial development was not considered the 5.3-acre lot, but was held to 3.5 or four acres...the (owner) would be entitled to construct res- idential units on the balance of the property.” But Precious said the original intent of the land use contract, approved by council in 1978, was not considered by Gibbs. He ex- plained the original fand use con- tract called for a commercial area with small buildings, such as a library, corner store and firehall. “If it was known then that a major shopping centre would be proposed, | believe adequate pro- tections would have been made in the land use contract,’’ he said. “What we have unfortunately in the present ruling is a precise in- terpretation. The intent of the land use contract is being avoided."’ NEWS photo Tom Burley THE MEMORIES of fallen comrades returned along with those of past wars fought for the many veterans participating in Tuesday’ 's Royal Canadian: ‘Legion Remembrance Day. service and parade: in: -North. Vancouver. : Silent. -reflection, the laying 0 “wreaths; and. the TOMORROW’S West Van- couver civic election will af- fect whether or not a B.C. Supreme Court appeal is faunched to contest a pro- posed shopping centre on Caulfeild Plateau. A petition by a group of 18 West Vancouver residents to try and stop the development was rejected by B.C. Supreme Court Justice Reginald Gibbs Wednesday. (See story above.) Group spokesman Russel Precious said the shopping centre proposal has been a key election issue, and the mah¢-up of the new council will determine whether the group pursues its court case. Mayoral candidate Don Lanskail was an alderman in 1978 when the land use contract for commercial Caulfeild land was drafted. He said, ‘‘The original concept was for a neighborhood conve- nience centre, nothing of the size and scale of what’s presently being contemplated. Instead of treating it as a minor change, it should have been treated as a major change."’ Lanskail said if the proposal was to come back before council, if elected mayor, he would be in favor of a convenience shopping ventte. But Mayor Derrick Humphreys said the existing council had no alternative but to amend the con- tract. “It was owned and zoned, we had no alternative. They (the resi- dents) had scven years to apply for a rezoning. But once a develop- ment permit is applied for under the existing zoning, you cannot change the zoning.”’