Board overturns building permit
Development appeal decision sends housing corp. back to the drawing board after suspected graves found
April Hudson
Northern News Services
Thursday, February 4, 2016
LIIDLII KUE/FORT SIMPSON
A permit issued by the village for the construction of three duplexes on a site suspected to have graves on it is not valid, and in issuing it the village broke from its own bylaws.
During a public meeting in Fort Simpson on Sept. 8, John Dewar, regional superintendent for the NWT Housing Corporation, holds up a map of the proposed housing project, which is marked where suspected graves were discovered. - NNSL file photo
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That was the ultimate decision made by the village's development appeal board on Jan. 21, a month and a half after the board sat to hear concerns from Liidlii Kue First Nation regarding the development.
The project, spearheaded by the Northwest Territories Housing Corporation, cannot continue until the corporation successfully applies for another permit.
The development appeal was filed after the previous village council agreed to issue the corporation a new permit for the project on Oct. 20.
That approval came despite the fact the housing corporation had failed to submit an application form to the village's development officer, according to a Jan. 21 decision from the board.
In fact, during that October council meeting, the housing corporation had initially only sought the village's support for the development, but realized during the meeting their development permit had expired.
At the time, housing corporation representatives John Dewar and Jim Martin told council they were on a tight timeline and wanted to get started on the development within a month.
Council agreed to issue the approval, with the caveat that the housing corporation consult with Liidlii Kue First Nation about the development.
Shortly after its approval, the permit was appealed by Liidlii Kue representatives, who felt the development would disturb the burial sites. They also cited safety concerns and a lack of parking as reasons for their appeal.
According to the appeal board's decision, signed by acting chairperson Judy Sabourin and secretary Sarah Herbert, the fact an application never crossed the desk of the development officer was a "misapplication of a zoning bylaw in the approval of the application."
"In our view, the fact that it didn't go through the development officer was a material and significant matter," Sabourin stated.
"It does not appear that the council had before it any of the documents required (under the zoning bylaw) and thus its decision on the matter was not properly informed."
During a Feb. 1 regular meeting of council, village senior administrative officer Beth Jumbo said the board's decision simply reflected the fact the development permit wasn't obtained through the correct processes.
"In our bylaws, it says to apply to the development officer. That step was missed," she said.
Citing the Cities, Towns and Villages Act, the decision further states that the village has no "duty to consult and accommodate aboriginal groups in circumstances where development may be about to occur threatening an interest or potential interest of that aboriginal group."
Mayor Darlene Sibbeston said the previous council who had approved the permit "overstepped themselves" by missing key aspects of the process.
"I think that's for another time and another place, to figure out what our position as council is now," she said.
She also asked Jumbo to update council on the situation in the coming weeks.
Development appeal board chair and village councillor Chuck Blyth said because the permit was invalid, the housing corporation would need to put together a brand new application in order to move forward.
