A non-profit organization is calling for a review of the Bingham Crossing development application and challenging some of the rules in the Municipal Government Act (MGA).
The Foundation for Democratic Advancement (FDA) recently released a report on the impact of Alberta Government processes on municipal democracy, using the Bingham Crossing development process as an example.
Bingham Crossing, a planned retail centre with seniors housing and office space located in Springbank, received final approval from Rocky View County council after a controversial two-day public hearing Oct. 30 and Nov. 1 last year.
Following a tip from a Springbank resident, the FDA, based in Alberta, decided to look into the proceedings.
“This is not a critique of the merits or deficiency of the (Bingham Crossing) development,” said Stephen Garvey, founder and executive director of the FDA.
Part of the FDA’s mission is to provide information about decisions and to encourage people to become more informed about government processes, and Garvey said that was the purpose of the report.
The 54-page document outlines the proceedings of the application from when it first started in 2006 when a land use redesignation application went before Rocky View County council.
The report concludes that the Minister of Municipal Affairs should review the Bingham Crossing development application and states a referendum should be offered to the residents so they can vote on the application. Further, it suggests that the MGA limits the democratic rights of citizens and therefore is in conflict of the Canadian Charter of Rights and Freedoms.
“There is no requirement or mechanisms to ensure that a council or development authority listen to what community members express. The only requirement is that community members have an opportunity to voice their views in front of a council and/or development authority,” the report reads.
It then goes on to say the MGA favours private development over public opinion because developers can appeal development decisions, while citizens can challenge through the Court of Queen’s Bench, which the report said is difficult to do.
Media relations for the Alberta Municipal Affairs could not confirm if they had received the FDA’s recommendations, but said a response will be provided to the group.
As per the request to review the Bingham Crossing application, Cameron Traynor, communications for municipal affairs said the province doesn’t interfere with municipalities when they are “operating under the sphere of their jurisdiction.”
As for the FDA’s concerns regarding the MGA, Traynor said that if groups want to see changes to the MGA, now is the time to provide input as it is currently under review. If changes will be made, there will be public open houses this summer, he added.
Kim Magnuson, area councillor for Springbank, said she feels changes are needed to the MGA and agreed with some of the statements made in the FDA review.
“It pointed out some glaring deficiencies in the MGA as it is right now because the developer has opportunities to go to a municipal government board to appeal things while citizens do not.”
She said the report is quite timely because the MGA is undergoing a review right now. She added that the MGA can be confusing to read, is often repetitive and needs to be fixed.
The FDA will host an open house held at the Springbank Heritage Club April 22 with presentations at 6 and 7 p.m. to discuss the review of the Bingham Crossing proposal. The full FDA report can be found at democracychange.org.
“It is not our place to overturn the Bingham decision,” said Garvey, who added that it is up to the people in the county to take up the initiative if they feel it is important to them.
“People need to act. We are providing the initial basis for that,” he said.
