The applicant, a residents' association, sought judicial review of the respondent City's decision to grant a heritage permit to a property owner (the intervenor) for the construction of a new house in a designated heritage conservation district.
The applicant argued the proposed house was too large and violated the mandatory mass and height guidelines of the District Plan, and that it was denied procedural fairness because it was not invited to appear before City Council.
The Divisional Court dismissed the application, finding the City's interpretation of the District Plan was reasonable and that the applicant had been afforded extensive procedural fairness during the committee stages, exceeding the requirements of the statutory scheme.
