By Colleen Dane - Comox Valley Record - October 26, 2007

A group of citizens taking legal action against the Comox Strathcona Regional District over the Kensington Island Properties bylaws includes some of the same who have raised concerns from the proposal’s early stages.

The Baynes Sound Area Society for Sustainability was previously known as the Concerned Citizens of Union Bay until it was formally incorporated Sept. 6 this year.

“We can try as a public to stop a development through the political process but when that doesn’t work we are left only with the legal steps,” said Karen Hurley, a Victoria-based environmental planner in an e-mail about the decision to file a petition against the CSRD regarding its handling of rezoning and Official Community Plan amendments.

Hurley is a director with the society and the group’s spokesperson. She, along with some of the other listed directors in the society’s incorporation papers, spoke out about their issues with the development throughout the process. Hurley spoke on behalf of the Concerned Citizens group three times at the public hearings regarding Bylaws 2812 and 2813. Union Bayite Chris Walther, another director, also spoke three times in opposition to the proposal during those nights, and Elizabeth Shannon, who also lives in the bay, spoke twice.

The other two listed directors are June Haner and Janet Thomas, who both live in the Craigdarroch area between Roystona nd Union Bay, where the society’s official office is recorded as being.

The filing lays out numerous concerns about the public process over the past year and a half regarding the CSRD’s consideration of the KIP development proposal. Those bylaws were given final approval in September allowing KIP to start work on the 845-acre development that will eventually include up to 1,700 residential units, a marina and 27 golf holes. It’s a development that many in Union Bay have supported — with the public hearing over a year and a half ago bringing out around 45 in favour and 20 opposed over two nights of presentations.

It’s also been a source of disagreement, though, and this lawsuit argues that those bylaws should be repealed and begun anew with the proper process.

“The best outcome would be that the bylaw is rescinded and the board of directors considers a new development proposal that would respond to the local area plan in a meaningful way,” said Hurley in the e-mail about the society’s goal.

The document accuses the regional district of approving the bylaws without appropriate consultation with senior government, without making public information for review and not providing enough opportunity for public comment.

They question unexplained changes made to the bylaw throughout the process — such as the introduction of Van Lakes as a possible water source without studies to support the idea, or the addition of conditions at the public hearing and at third reading — among other concerns.

“It comes down to inadequate process as far as hearing, and fully considering, our concerns and dealing appropriately with senior levels of government,” said Hurley.

The regional district confirmed that they received the petition on Friday and said it’s been forwarded to their lawyers.

“Right now, we haven’t received the legal advice,” said Leigh Carter, CSRD general manager of corporate communications. “In terms of what this might lead to, that still has to be determined.”

Electoral Area A director Suzanne Murray, who last month spoke approvingly of the development and the final agreement with KIP, couldn’t comment on the petition in detail, but said people are allowed to raise their concerns.

“I think one has to respect every organization or group’s right to question things that happen,” said Murray.

Hurley said their group represents more people than some Union Bay people may think, though she was reluctant to talk about the size of their society.

“We have a core active group and a larger group of financial supporters,” said Hurley, noting local financial support over and above that from West Coast Environmental Law and the University of Victoria’s Environmental Law Centre.

In response to the petition, the regional district can either rescind the bylaws and start the process again or fight back in court. There is no timeline set as to when that decision will be made, said Carter.