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Massive change in legislation alters approval process

Concerns over Bills 44, 47 affect council’s future housing input
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Delta city hall (James Smith photo) Delta city hall (James Smith photo)

Delta council faced objections regarding applications for a coach house addition to a garage in Boundary Bay and splitting a lot on Brooke Road to build two single-dwelling homes with basement suite. The Jan 22 council and public hearing had a significant focus on how the public hearing process will change.

While objections were heard and councillors even visited one site, (in Boundary Bay) a shift in handling such applications is on the horizon. Bill 44 and 47 achieved royal assent on November 30, 2023, by the BC government. It is set to change the approval process for housing projects consistent with official community plans, eliminating the need for one-off public hearings and rezoning. The critical change is the phased-out reliance on one-off public hearings for rezonings. Instead, according to news released by the government in November, residents will have more frequent opportunities to engage in shaping their communities at the early stages of official community plan updates. This legislative shift aims to streamline the approval process for consistent housing projects and increase public involvement in community planning. It also requires municipal governments to update official community plans every five years with public input and in a manner that reflects projected housing needs.

Acting Mayor Councillor Dylan Kruger said in response to the changes that will come in June regarding housing and the development process, “We’re still trying to understand this ourselves. This massive change in legislation will fundamentally alter the approval process. When the OCP changes are made in June, in response to provincial legislation changes, and a mirror application comes in for an addition of a coach house on a single detached property, it will not come to a public hearing, it will not be subject to rezoning, and council will not have the option to deny the application.” He added later in the evening that clear information about the city’s ability to deny or approve projects due to changes in government legislation should be at the top of any development permit sign, online communication or notices.

Also receiving royal assent, and affecting any upcoming proposals near transit; Bill 47 requires municipalities to designate land within 800 metres of rapid transit stations and within 400 metres of major bus exchanges as transit-oriented development areas, and to permit development in accordance with the prescribed minimum density levels within such areas. Bill 47 also removes most parking requirements for developments in these areas.

A report to the council emphasized that the proposed changes align with Delta’s Housing Action Plan strategy, promoting gentle density and creating opportunities for detached suites, coach home development, and excluding coach homes from unit density calculations. The plan also seeks to incorporate gentle density policies into a new Official Community Plan for Delta.

READ MORE: https://www.northdeltareporter.com/news/political-opposition-in-bc-tears-down-housing-models-7120578

READ MORE: https://www.northdeltareporter.com/news/fall-session-dominated-by-housing-ends-with-promise-for-more-housing-laws-7117358



About the Author: Marla Poirier

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