BC judge says concerns 'overblown' in court challenge to Squamish townhouse project

The BC Supreme Court says concerns raised by Squamish, BC, residents in a legal challenge to a townhouse development project are "overblown," paving the way for high-density housing in one of the country's fastest-growing communities.

A ruling issued Thursday says Dennis and Andrea Smith wanted to stop a four-unit townhouse project from being built on a neighbouring property, claiming a "building scheme" from 1959 only allows for single-family homes to be built on the lot.

The court ruling says the developer behind the project, Clearwater Park GP Inc., sought to cancel or modify the scheme to allow the project to go ahead.

It says the homeowners opposed the townhouse project because it will "change the character of the neighbourhood," impacting their privacy, increasing traffic and reducing pedestrian safety.

The judge's decision says "circumstances have changed" since the creation of the 1959 building scheme, and it has been "widely ignored" for years, allowing residents to conduct renovations and build secondary suites.

Judge Frits Verhoeven's ruling says the building scheme is therefore "obsolete" and the company has a development permit from the District of Squamish, rejecting the Smiths' bid to halt the project and agreeing to cancel the building scheme at the heart of the court challenge.

"I am not without sympathy for the desire of the Smiths and other property owners and residents of the area to preserve their neighbourhood as it is, including in particular its single-family, low-density nature," Judge Verhoeven wrote. " However, in relation to the exercise of the court’s residual discretion, the need of the community for additional housing is also relevant."

The ruling says Squamish is among Canada's 10 fastest-growing communities, with its population growing more than 22% between 2016 and 2021.

The ruling says its population was just under 24,000 people in 2021, and is forecasted to grow past 40,000 by 2040.

"Consideration of the public interest does not favour the position of the Smiths that the court should refuse to cancel the building scheme," the court ruled.