Posted May 11, 2017, 7:30 PM
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Join Date: Feb 2013
Posts: 1,224
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And that needed flexibility is the whole idea behind Site Plan Approval, having a legislated 60-day turn around, and having a Design Review Committee. But at some point you actually have to write a rule down on paper, and given the legal realm that planning works in the rule can't be, "street walls shall be 20 m high, but if you go higher and it looks okay we'll let it slide".
EDIT: Yes, if this ends up in court the court will apply the test of reasonableness to any punishment. They might find it's unreasonable to make them rip the top floor of the building off to correct this issue. But that test doesn't apply to whether or not they broke the rules in the first place. It is not possible to make that gray. Either you broke the rules, or you didn't. People are saying HRM should just let it go, but they literally cannot let it go if they want to have any ability to enforce on other, worse-outcome, examples of similar broken rules.
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