Paradise approves new subdivision  

Mark Squibb / August 11, 2023

Paradise Town council last week approved, in principle at least, a new subdivision in Deborah Lynn Heights and Clarke’s Hillview.

Before the vote, two members of council asked whether they were in a conflict of interest on the matter.

Deputy Mayor Kimberley Street, who chairs the planning committee and brings forward committee recommendations for council to vote on, asked council whether she was in conflict as she has family both on Deborah Lynn Heights and Clarke’s Hillview.

Council found her not to be in conflict, though the vote came to a tie. Mayor Dan Bobbett and councillors Glen Carew and Larry Vaters voted that Street was in a potential conflict, while councillors Elizabeht Laurie, Deborah Quilty, and Patrick Martin thought she wasn’t.

Carew noted that during the planning committee meeting, Street did not participate in a discussion on the item due to a potential conflict.

Mayor Bobbett said that regardless, council had found her not to be in conflict.

Street herself questioned whether she should participate in the vote, but Bobbett reiterated that council had found her not to be in conflict and gave her the go-ahead to continue on with the motion.

Councillor Laurie also asked council whether she was in conflict on the matter, as she and her husband own property on Qulity’s Road.

Council found Laurie to be in conflict, and thus she did not participate in the vote.

The application itself was for approval in principle of a 46-lot subdivision. Access to the proposed subdivision will be by new street connections to Clarkes Hillview and Byrn’s Road. A walking trail that will connect to Deborah Lynn Heights has also been proposed. Approximately 18 percent of the subdivision will be dedicated open space, exceeding the Town’s maximum of 10 percent.

Council approved the motion, and though council found Street not in conflict, staff afterwards confirmed to The Shoreline that, as per the new Municipal Conduct Act, Street should have been found in conflict due to the tied vote. Under the old act, a tied vote on a matter of conflict of interest defeats the vote. Under the new policy, however, a tied vote means the motion passes. In that case, Street would have been found in conflict. Staff have since been in touch with the Department of Municipal Affairs and said that as council voted unanimously to approve the development and Street’s vote was not a deciding vote, the department would let the matter slide. Staff said the matter will likely be addressed at the next meeting.

Street brought forward two other recommendations from the planning committee. One was to approve a home-based dog grooming business at Dellemere Place subject to 10 conditions and no objections to a discretionary use notice. The other recommendation was to issue an order to a resident who is renting out an unauthorised apartment at Sunderland Drive. Street said the apartment was constructed without a permit and was thus not in accordance with the Town’s development regulations.

Both of those motions also passed unanimously.