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Penticton  

Watchdog tosses complaint

The District of Summerland has been cleared of any wrongdoing by the B.C. Ombudsperson, in connection to a disagreement with a local developer.

The developer behind the Lighthouse Landing subdivision in Trout Creek complained to the Ombudsperson after council named one of the streets in the development Dale Avenue, not “Lighthouse Landing” like he believed he had negotiated.

The B.C. Ombudsperson investigates allegations of wrongdoing and unfairness made towards public bodies.

The investigation found that the mayor and an acting city manager met with the developer and agreed to change the road name to Lighthouse Landing if the developer agreed to not dispute payment for the standard 5 per cent cash-in-lieu of parkland donation.

“However, the CAO subsequently informed the developer that the Mayor did not have the authority to make that agreement,” a final investigation summary to council reads. “The CAO told him only council can change a street name by bylaw.”

The investigation found that true, and also dismissed the developers complaint that the 5 per cent cash-in-lieu of parkland donation was calculated incorrectly, noting that he was free to file an appeal with council.

In the end, council passed a bylaw and named the street Dale Avenue at the entrance to the subdivision, changing to Lighthouse Landing at the intersection.

“Although the error made in agreeing to change the road name was unfortunate, the naming of streets is council's jurisdiction to be exercised by bylaw,” the Ombudsperson’s report states, adding that “the developer would not benefit from further investigation from this office.”



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