The case involved an application by the Town for leave to appeal a decision by the Town’s Subdivision and Development Appeal Board. The decision relates to the permitting of a liquor store contrary to the Landuse bylaw (which the Board is permitted to do under the Municipal Government Act). Part of the issue in the leave application was whether there were sufficient reasons given by the Board in relation to ignoring aspects of the Town’s land use bylaw. Section 9.27.4 of the Bylaw related to addressing proposed liquor stores within 150 metres of each other, indicating that the development authority must address “any cumulative impacts of the facilities on existing development within the area”.
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