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B.C. Supreme Court Clears Way for Squamish Townhouses by Repealing 1959 Building Scheme

Justice Verhoeven found that decades of widespread non-enforcement rendered the low-density restriction obsolete.

Overview

  • The court dismissed Dennis and Andrea Smith’s challenge to Clearwater Park GP Inc.’s four-unit townhouse proposal under the District of Squamish permit.
  • Judge Frits Verhoeven emphasized that changed circumstances and long-standing non-compliance rendered the 1959 building scheme obsolete.
  • The Smiths had argued the mid-century scheme limited the lot to single-family homes to preserve neighbourhood character.
  • Clearwater Park GP Inc. now has judicial confirmation to proceed with the townhouse development approved by municipal authorities.
  • Squamish’s population surged over 22% between 2016 and 2021 and is projected to top 40,000 by 2040, driving pressure for higher-density housing.