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Calgary Herald

Legal challenge against blanket rezoning taken to Alberta Court of Appeal

Article content Roughly 70 per cent of speakers were against blanket rezoning, with opponents criticizing how densification of established communities would alter their neighbourhood's character, increase traffic and parking congestion, and strain civic infrastructure. Article content Critics also argued the move would stifle the opportunity for neighbourly input on land-use decisions, by removing the public hearing that would typically accompany a rezoning application. Article content Supporters of blanket rezoning argued it would help with Calgary's overall housing supply and affordability by easing and accelerating the approval of more attainable housing types in communities that were previously zoned for single-family detached homes. Article content Another benefit, proponents argued, is that densifying older neighbourhoods is a cheaper alternative to boost housing than continuing Calgary's urban sprawl. Article content Article content Miller disputed the affordability argument, adding blanket zoning has only served the development sector. Article content 'This whole upzoning was premised on the fact it would bring about affordable housing, and the anecdotal evidence is that it's not creating more affordable homes,' he said. 'It's simply allowing developers to profit significantly by speculating on the land.' Article content Council ultimately supported citywide R-CG zoning, albeit with a suite of amendments related to public feedback and privacy requirements, and listing rowhouses as a 'discretionary use' rather than a permitted use. Article content In June 2024, Calgarians for Thoughtful Growth and its then-300 members sought its initial judicial review by filing its legal challenge to the Court of King's Bench. Article content 'We sought a court review of the bylaw because we believe it exceeds the city's legal authority, was adopted through a process lacking fairness and impartiality and disregarded the overwhelming majority of public input received during the hearing process,' the group's release stated. Article content Article content Justice Michael Lema issued a 39-page ruling siding with the city in late January. He argued council and the city were within their legal right under the Municipal Government Act to implement blanket rezoning, and did so in a procedurally fair manner while providing sufficient notice to the public. Article content A city spokesperson said Thursday that the municipality does not typically comment on matters that are before the courts. Article content The city previously stated that blanket R-CG zoning 'supports increased housing supply and housing choices for Calgarians' by speeding up the redevelopment process and removing cost barriers and political uncertainty.