Langford may have put itself in a legal gray area with the quick approval of its tough new tree protection bylaw before Christmas.

After receiving a request from a local firm for more information and advice from its own counsel, city staff is recommending council reapprove the bylaw to avoid a legal challenge to the bylaw on procedural grounds.

B次元官网网址淚n consultation with external legal counsel, staff are recommending that the Tree Protection Bylaw associated Ticket Information Authorization Bylaw be re-enacted,B次元官网网址� says a staff report. B次元官网网址淭his will ensure that all procedural requirements are explicitly met, and that the City will not be subject to a potential legal challenge to these bylaws on procedural grounds.B次元官网网址�

The tree protection bylaw was first presented in a special council meeting on Dec. 19 after it was added to the meeting as an extra item.

Initially, the agenda only had one item on it, calling for an in-camera meeting for the B次元官网网址渞eceipt of advice that is subject to solicitor-client privilege, including communications necessary for that purpose.B次元官网网址�

But prior to the meetingB次元官网网址檚 1 p.m. start date, the extra item was added. Then a special council meeting on Dec. 21 was announced to allow residents to have their input, where the bylaw was ultimately passed.

According to the cityB次元官网网址檚 legal counsel, the quick turnaround may be the problem.

In a report attached to Jan. 16B次元官网网址檚 council agenda, staff said the issue may come because the tree bylaw was not included in the original agenda as these were being drafted as late items.

Staff said thatB次元官网网址檚 allowed under the Community Charter, so long as council unanimously votes to waive the 24-hour notice period.

Staff noted in its report that the waive was implied because council voted to approve the bylaw, but waiving that 24-hour period was not done explicitly. The staff report says re-voting on the tree protection bylaw and the associated tree should address the issue and avoid any potential legal challenge.

During the Dec. 21 meeting, several councillors noted their hesitancy in how quickly the bylaw was being passed, but Mayor Scott Goodmanson said that multiple instances of unpermitted tree-cutting had forced the cityB次元官网网址檚 hand.

B次元官网网址淲e did not want to be doing this right now,B次元官网网址� Goodmanson said during the Dec. 21 meeting. B次元官网网址淲e felt our hands were being forced by a small number of people stepping outside the tree regulations.B次元官网网址�

A number of residents spoke in favour of the bylaw, although there were several who were angered by the quick turnaround as well as requirements to have trees assessed by arborists to verify they are dangerous trees prior to having them cut.

READ MORE: Langford resident says tough new tree bylaw will cause B次元官网网址榟ardshipB次元官网网址�, others praise it

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