The applicant developer sought a provisional building permit for a townhouse development, which the City refused, demanding an off-site parkland dedication instead of cash in lieu of land.
The applicant appealed the refusal and applied for a declaration interpreting the municipal bylaw.
The court dismissed the appeal as premature because the applicant lacked final planning approval.
However, the court granted the application for a declaration, finding that under the plain language of the bylaw, the City cannot require an off-site parkland dedication without the developer's agreement.
