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Debate poised to resume

With election looming, mayor seeks legal advice on what can be said about Southlands

Another lengthy process is about to begin as a development application for the Southlands is expected to be delivered to municipal hall this week.

Century Group president Sean Hodgins, who made a presentation to Delta council last week asking that his new proposal to get a fair opportunity to go to a public hearing, confirmed Monday that an application would be submitted.

Last week's council meeting had quite a bit of discussion among civic politicians and staff on how the process would unfold before an application reaches the council table for the preliminary approval needed to send it to a public hearing.

Noting it would be a significant application that requires an extensive consultation process, including the various civic advisory committees, CAO George Harvie said the earliest council would get a report on the application would be mid-October. That report would only outline how the process should unfold and not have a bylaw to consider preliminary approval, he explained.

Meantime, Mayor Lois Jackson has asked for an outside legal opinion on what councillors, as

well as candidates in this fall's civic election, can and can't say regarding the Southlands.

She said she's concerned a council member or future councillor could appear to be making up his or her mind prior to a public hearing, thus prejudicing themselves one way or the other.

"We've been always cautioned all the years I've been on council that you must take great care not to prejudice a development by saying, 'I hate this, I would never support this as long as I live,'" Jackson told the Optimist.

"If you do that, the developer could say, 'I am coming forward with my proposal and this person has already had their mind made up, so I'm not having legally a fair hearing before council.'

"So you have to go in basically with an open mind to hear the proposal, to hear the people and weigh all those factors... in some cases these things have been turned around by the courts because there was a bias on council, or someone was removed because they had prejudiced themselves before the hearing or third reading, or they've gone out and talked to a bunch of people that no one else has spoken to."

Jackson said she wants to make sure everyone has the best advice possible heading into the election.

"It's kind of a foggy area but I'm going to do everything I can to make sure everyone's on the same page," she said.

Jackson added even when the application makes its way to council for first and second reading, it's not automatic it would be given preliminary approval and sent to a public hearing.

During last week's council discussion, Coun. Ian Paton noted it's obvious the Southlands would be a big question posed at upcoming all-candidates debates.

Following last week's meeting, Southlands the Facts issued a statement noting it's clear that most, if not all, councillors, as well as the mayor, are receptive to Century's plan, even though public opinion is clearly in opposition.

"We urge you to get involved in supporting the candidates that will respect your opinions. We can make a difference on election day (November 19th) if we all pull together and support the right candidates. In the coming weeks we will be providing you with all the relevant information on the candidates' position on Southlands. And we will also be advising you on events and activities that you can participate in to support the candidates that support you."

The latest proposal for the Southlands contains far less housing and more green space than its predecessor. Hodgins' revamped vision includes 950 housing units with 80 per cent of the land, more than 400 acres, transferred to Delta, including a large parcel of contiguous agricultural land and the significant forested area.

His original plan containing about 1,900 homes was never discussed during the Tsawwassen Area Plan meetings and didn't it make it to the council table as a formal application.

Jackson held a special summit earlier this year that resulted in Hodgins getting the green light to come back with another proposal.

During this year's public hearing on Delta's proposal to ask the Agricultural Land Commission to place the property back in the Agricultural Land Reserve, a majority of speakers were opposed, many saying the original plan was never given a fair chance.

For more on this story, including a photo gallery and video, go to www.deltaoptimist.com.

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