Friend of Mara files petition against the district

The first step in a legal action has been taken to overturn Sicamous council’s approval of Waterway’s Beach Bay development.

The district is named, along with Vinje Development Properties Ltd. and Vinco Holdings – the developers behind the proposed Two Mile development – in a petition submitted June 13, 2008 to the Supreme Court of British Columbia by Mara Lake resident and Friends of Mara spokesperson Bob Eadie.

The petition requests that third reading of the official community plan amendment 694, zone amending bylaw 695 and two related public hearings held on Dec. 5, 2007, be set aside, and that the petitioner be rewarded the cost of this proceeding.

It is claimed in the petition that prior to Dec. 5, numerous documents in the district’s possession were “not disclosed to the public in general or the petitioner in particular,” and that respondents at the hearing made reference to a report filed with the district the day of the hearing. It is also claimed in the petition that at the end of the first hearing, many in the audience had left before the second, believing the hearing process was at an end.

The information sought by Eadie, and the driving element behind the petition, pertains to concerns of debris flows. Despite an assurance made by the developers at the hearings that the issue would be “thoroughly looked into and met to everyone’s satisfaction,” Eadie claims this has not yet occurred, even though council has already given final reading to the Beach Bay proposal.

“The district should be retaining professional services, as I have, to comment on what needs to be done for development in risk-exposed alluvial fan areas,” says Eadie. (They’ve) not done that… relying on the developers own consultant, EBA, who themselves refuse to say anything other than, ‘yes, there’s a risk and it should be looked at.’”

Sicamous district administrator Alan Harris confirmed the petition has been received, and said that it has gone out to legal council. The only comment Mayor Lorraine March would make on the matter pertained to the process, which she believes was followed accordingly by council.

“I believe we’re quite confident that we did everything according to the book,” said March.

Waterways’ spokesperson Blake Tidsbury also had little comment on the petition, other than that it is before the company’s lawyers.