The Approval Filibuster

On today’s show we are talking about anti-development movements that are becoming increasingly organized in communities across North America.

The objection of these groups seems centred around the additional noise, traffic, and congestion that can result from additional people moving into an area. 

Some have become so militant that they use all legal means available to object to development applications and even building permits.

That’s right, in some jurisdictions it is possible to object to a project that is fully compliant with zoning at the time of building permit. 

We were made aware of one such case this past week where community groups are monitoring the submittal of building applications and then launching an appeal of the building permit on the last day that an appeal is legally permissible under the statute. This is a tactic that is designed to inflict maximum pain on a property owner who has spent 100% of the funds required to invest in the pre-construction phase. The goal of the appeal is not necessarily to cause the project to be disqualified on the merits of the actual development proposal. The goal is to use the legal process to frustrate the developer and inflict financial pain on the developer with the hopes that they will voluntarily abandon the project as a result of the delays. 

The hypocrisy of these objections should be clear. The very people who enjoy living currently in a community, send their kids to school, shop at the grocery store, exercise at the local gym and ride their bike in the park are only able to do so as a result of many developers taking considerable financial risk to bring these amenities to the community.