Yellowknife (Oct 08/04) - The development appeal board has upheld a court ruling halting development on a park zone in Phase VI of the Niven Lake subdivision until city council votes on re-zoning the area.

The appeal board originally decided to allow development to proceed in the area after a public hearing June 16. Resident Adrian Boyd took the matter to the NWT Supreme Court last August, where Justice Arthur Lutz ruled that the board erred in its decision.

Lutz said the board's earlier decision was faulty because changes made by city planners to the development permit for the site needed council approval.

He ordered work on the site be halted while the matter awaited a second board hearing. Wednesday's appeal board decision was largely a formality anyway because the city, developer Homes North and appellant Adrian Boyd had already agreed on a compromise.

The new plan would see the park moved further north and a contested cul de sac also turned into a park.

Those changes are currently before council, which is due to give them first reading at the next regular meeting, Oct. 12.

Boyd said he is pleased by the latest decision but said it was unfortunate neither the city nor the appeal board got it right in the first place.

"It's far better to have open houses and to give the public the opportunity to wander around and give ideas before public hearings and council meetings and so on," said Boyd. Homes North president Les Rocher says he is not sure when he will be able to get to work. The compromise with Boyd and the city will help clear the path for development of the 108-lot site but he still has to wait for more public hearings and for council to make a decision.

He said the long delays, particularly with the development appeal process, have become extremely frustrating.

He has already sunk $3 million into the project since entering a purchase agreement 18 months ago but has not yet been able to do any work.

"The general public, they give them two or three shots if they don't like things," said Rocher.

"You can't do anything for years on a particular piece of property if someone decides to be a stick in the mud."