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Originally Posted by someone123
If that's true then it's yet another reason why this is a boneheaded process. Why put something to a vote if there is only ever one reasonable outcome?
These results are usually overturned because (as I'm sure you know better than I) the UARB interprets documents like the MPS, whereas the councillors typically go by public opinion without regard for the rules that they previously established. An impassioned cry of "it's too tall!" is not going to convince the review board. Staff already came down in favour of this, which makes me think that it in fact fits within the framework of the planning documents.
Really what we've got here is just a bumpy ~3 year approval process that involves some councillor bravado. It is very inefficient and isn't competitive with other cities. It's also very unfair to property owners and developers.
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Well it's by no means certain, but the two decisions I read certainly overturned such a decision simply because there was no attempt to even interpet the MPS or have a discussion.
Calgary's system (which falls under the Alberta MGA) is to hold a public hearing first. Then debate with staff, then decide to go for first reading. The public hearing is advertised in advance of first reading. So if the vote goes negative, the project is refused. If first reading is given, they move onto second reading - where if there is a desire, things in the proposal or regulations can be changed (but if it's a straight rezoning nothing can be changed). If second reading passes, then they give 3rd and the process is done. If you watch our public hearings, it's a different process. I don't know if its better, just different.
The UARB does actually act like planners interpreting the MPS and bylaw, which is part of the reason why the staff reports are so long. In the event of an appeal, the report forms part of the information. But one thing that usually happens in an appeal is the few NIMBYs that don't like a project don't show up. So you'll typically see someone acting on behalf of HRM (who has to defend the decision), then the applicant and a few interested parties. Anyone can go and speak though, as I understand it, but few NIMBY groups (other than save the view or the heritage trust) actually show up. So rarely do you get a lot of vocal opposition.
On the few times I've been aware that some people did show up to give their NIMBY points of view, the UARB tore them appart because they couldn't give any planning reasons why the project was bad.