The Town of Gibsons council won’t be adjusting the duration of its building permits yet, elected officials decided in a November meeting.
The KiND Development Group, behind the Eagleview Heights development, sent the Town of Gibsons a letter in September with two requests: for council to reconsider the site’s $19,328 building permit fee for building one, since the permit expired before construction work began; and for council to amend the building bylaw to extend building permit durations for projects with complex buildings. The project seeks to build 63 units in its first phase, with another 24 planned for a mix of townhomes and apartments on a total of five acres.
At the Nov. 7 council meeting, staff presented a comparison of building permit durations in other B.C. jurisdictions that showed many other communities in the province had building permits with durations between two to six years, or two to four years for smaller communities such as Gibsons. The current total duration term in Gibsons requires a three-year completion to build, and the building bylaw states permits will expire if the work authorized is not commenced within six months from when the permit was issued, work has discontinued for six months or work is not completed within two years (plus the one-year renewal term). When a permit exceeds the three-year maximum duration, a new permit is required. The staff report in the agenda notes building permits expire “to ensure projects are completed in a timely manner so as not to drag on for years…”
Staff mentioned they are looking at aligning Gibsons with neighbours as part of updating the town’s building bylaws, such as the District of Sechelt, where the building permit duration is four years to Gibsons’ three. Staff noted that even if council chose to extend the building permit to four years (two years, plus two one-year renewals), it would not apply to building one of Eagleview Heights.
In a letter to council, the proponent stated the 24-month commencement stipulation was not brought to their attention until recently, and they were “taken aback” when they were informed they needed a new building permit for building one of the project, also calling the current fee structure “unfair." The building permit fee is based on the value of construction left to complete. The letter states full project completion “could well become a reality in late 2024 and most possibly, even creep, well into 2025.”
During the meeting, Town of Gibsons staff noted they didn’t know the building wasn’t being built. The building permit for building one of Eagleview Heights was issued on Dec. 1, 2019, and has expired, while permits for the other 11 buildings of phase one were issued on July 12, 2021 and are set to expire on July 12, 2024. Construction of most of the other 11 buildings has begun.
The staff report also noted that several permits expired in Gibsons throughout the pandemic, but this is the first request from a developer asking Gibsons to reconsider the building permit fee. Staff also noted this is the first building permit that did not begin construction in its three-year duration, which has typically been sufficient for most developments in Gibsons. The chief building official said the argument the developer is bringing up is that their development is of a magnitude that’s newer to Gibsons.
Coun. Stafford Lumley asked whether they will be setting a precedent by waiving the fee, and said there has to be some incentive for developers to finish their projects. He said he believes it’s reasonable to align Gibsons with its neighbours for the timing of permits, but hates making decisions on a case-by-case basis.
Coun. David Croal said he agreed in principle with a larger project having a longer period for construction, but took issue with how the permit expired before construction started. Coun. Christi Thompson added that incomplete job sites pose a lot of risk to the community, and said motivating developers is important. Mayor Silas White noted that staff had not found a way to waive the fees in the bylaw.
Council voted to keep to the status quo at this time, and multiple members expressed interest in aligning building permit duration and fees with neighbouring communities. Coun. Annemarie De Andrade noted that they will be “exceptionally busy” with updating the Official Community Plan, and Croal suggested revisiting the duration of building permits after the OCP update.
