Yellowknife city councillors pass motion to increase development appeal fee to $400

Yellowknife city hall with overgrown grass and gardens on Sep. 6, 2023. Councillors passed a motion Monday to increase the development appeal fee to $400.  (Kate Kyle/CBC - image credit)
Yellowknife city hall with overgrown grass and gardens on Sep. 6, 2023. Councillors passed a motion Monday to increase the development appeal fee to $400. (Kate Kyle/CBC - image credit)

Yellowknife city councillors passed a motion Monday night to increase the city's fee to appeal developments from $25 to $400.

That comes after Coun. Rob Warburton, a developer, originally proposed increasing the fee to $2,500 to reduce frivolous appeals.

On Monday, Warburton said he is "acutely aware" of how his profession and some council decisions "may present a conflict of interest."

"I've been very diligent in constantly assessing every issue against potential conflict," he said.

Warburton said he asked the city's integrity commissioner for an opinion — which he read out at council — and was deemed not to be in a conflict of interest.

Warburton said he believes council needs to do something soon to change the appeal fee to stop the system "from being abused."

"This will most definitely require pissing off a small but very vocal minority of residents," he said. "We're in a housing crisis — we need to start acting like we're in one."

Coun. Ben Hendriksen put forward a motion for the fee to be increased to $400 instead. That motion was amended several times throughout the meeting, getting rid of clauses that would change the fee for organizations and residents who can't afford it.

Hendriksen said he hasn't found evidence that increasing the appeal price reduces appeals.

He said increasing the fee to $2,500 would "reduce access to a democratic and quasi-judicial process."

"To me, $2,500 is swinging the pendulum completely in the other direction from where we are now," he said.

Coun. Tom McLennan argued that a $2,500 fee would be too high for many.

"I feel increasing the development appeal fee to the extent of $2,500 is not an appropriate remedy to reduce the number of appeals that may lack merit. I feel the swing will be too far in one direction and should address the root cause of the problem," he said.

The motion passed, with Warburton and Coun. Stacie Arden Smith voting against it.

The city now needs to reflect the change in its bylaw that sets out fees and charges. That change will come back to council's governance and priorities committee, with an aim to be put in place in September 2024.

A subsidy for low-income families for the fee will be introduced at a later date.