Yellowknife (May 19/06) - Developer Les Rocher says he is all for a proposal that would limit the public's ability to appeal development permits.

Two years ago, Rocher's company Homes North became embroiled in a dispute with Niven Lake residents over a development permit for a new subdivision in the area, Phase VI.

Resident Adrian Boyd, who lives in a subdivision on the other side of Niven Lake, argued that a development permit should never have been approved by city development officers because a number of zoning changes were not approved by city council.

The development appeal board sided with Rocher, but Boyd took the case to territorial Supreme Court, where a judge ultimately agreed that city planners had overstepped their authority.

Rocher was eventually allowed to build - albeit with some modifications to his plans - but said the whole appeal process, as it stands today, is too wide open.

"If anybody doesn't like the colour of your house, they can throw you into two years of delays," said Rocher.

"They can appeal for any stupid reason, and the developer and the city are forced to fork over all the costs."

The only requirement a resident needs in this city to file an appeal to the development appeal board is a claim that they are "affected" by a development, regardless of whether the proposed building site is in their neighbourhood.

The Department of Municipal and Community Affairs (MACA) is seeking public input on a number of possible changes to the NWT's Planning Act, which guides municipalities on what sort of zoning bylaws they can make.

One item contained in a discussion paper begs the question of whether rules for development appeals are too loose.

It points to other jurisdictions, such as Nova Scotia, where appellants must show how a proposed development violates zoning bylaws or a community's general plan before an appeal is allowed to proceed.

Some NWT communities consulted by the department proposed that fees should be imposed to reduce the number of "frivolous appeals."

"Our Planning Act is quite outdated," said Laura Gareau, MACA's director of corporate affairs.

"We've been hearing various issues over the years from most NWT community governments about the fact that it restricts their ability to control the development of land within municipal boundaries."

Gareau said the department still has a long way to go before making any changes to the 35-year-old act. The deadline for public submissions to the Planning Act discussion paper is May 31.

Coun. Kevin O'Reilly said, however, he is suspicious of what MACA intends to do once it begins drafting changes to the legislation.

"There were some sort of stakeholder interviews that were done, but it's curious because they're not listed anywhere," said O'Reilly.

"The most that the (discussion) paper will tell you is that they're representatives from tax-based and non-tax-based communities, professional planners and private developers. "It's nice to know that the developers were interviewed, but what about private citizens and environmental organizations, and people in neighbourhoods who have been affected by lousy planning?"

O'Reilly fears MACA is kowtowing to municipalities in adopting stricter rules to limit the public's right to challenge development projects they find offensive.

Gareau said public consultations would take place before any changes are made.