A request by Parks Canada’s representative on the Municipal Planning Commission to discuss and decide on a recent development proposal in private has renewed discussion on the need for legislative change.
Currently, the Land Use Bylaw states that MPC “shall deliberate and reach its decision in private,” and while politicians have asked for a land use bylaw amendment, the planning department’s heavy workload hasn’t allowed for that to happen yet.
Darren Enns, the Town of Banff’s manager of development services, said they’d like to change the bylaw requirement for MPC, noting most deliberations and discussions have typically been held in public in recent times.
“We’ve typically not done that because of the perception that decisions made in public are better than those made in private,” he said.
“Nevertheless, we’ve always defaulted that when a commissioner chooses to go in-camera that we follow the Land Use Bylaw as closely as possible.”
On Dec. 14, MPC was discussing a development permit application for purpose-built residential housing in the industrial compound when Commissioner Bryan Howie, Parks Canada’s representative, asked to go in-camera.
There had been discussion around making sure non-accessory parking inside the building could not be converted to commercial space in future because of Banff’s legislated commercial growth cap.
Over the past two years, following several controversial developments including both commercial and residential, there has been a noticeable shift away from in-camera deliberations at MPC.
A year ago, council directed administration to draft amendments to the Land Use Bylaw that would allow MPC members to deliberate and reach their decision in public. The new wording could change from “shall” to “may” go in camera.
In addition, MPC is not required under the bylaw to hear any representations with respect to any matter over which it makes a decision or recommendation.
However, the planning department made informal changes to allow members of the public to make written or five-minute verbal presentations as a way to be more open and transparent.
Councillor Corrie DiManno, a council representative on MPC, said the issue is worth looking at.
“As a councillor sitting on Municipal Planning Commission, when we vote to go in-camera for discussion it feels contradictory to the way council operates,” she said, noting in-camera discussions should be reserved for legal, land and personnel issues.
“As a council that strives to be really open and transparent in decision-making for the public and administration and the media, I think it’s important for us to do so for council committees as well.”
