Peter Kenward acts on a broad range of land use regulation matters, primarily for property owners and occasionally government clients or officials. He has negotiated development entitlements in circumstances involving political, environmental, agricultural, First Nation and other complexities. Peter has also represented the development industry in submissions for legislative and regulatory change on a range of issues, including phased development, community amenity contributions, development cost charges, property assessment, riparian setbacks and transit, and in responding to initiatives such as the Community Charter.
Peter has appeared before all levels of the Courts, including the Supreme Court of Canada, and numerous boards and political bodies regarding zoning, expropriation, environmental, agricultural, assessment or other issues. He is a member of the Province’s Development Finance Review Committee and was on the Board of Directors of the Urban Development Institute Pacific Region for 10 years.
Peter is a Past Chair of the Municipal Law Section of the CBA both nationally and in BC, and has chaired numerous seminars, including for UDI, Local Government Management Officials Association and Continuing Legal Education. He has been been recognized as one of the Best Lawyers in Canada for Municipal Law each year since the publication commenced in 2006, as well as being recognized in various publications as a leading lawyer in the area of property development. He is Chair of Clark Wilson's Municipal and Environmental Law Groups.
Peter received a B.Com in 1979 and an LL.B. in 1981, both from UBC, and was called to the British Columbia Bar in 1982. He was a long time member of the Board of Directors of the Vancouver Crisis Centre, as well as being President of the Board for two terms and a long time volunteer. Peter has also assisted with various community development projects in Kenya and Tanzania.
Peter's representative work includes:
- Representing a large coalition of BC businesses in making representations regarding the terms of the Community Charter, and multi-phase development and other special topic legislation.
- Representing property owners in discussions with the Province relating to regional growth management, grandparenting, boundary extensions, bylaw approvals, and validating legislation.
- Advising property owners regarding their options for land use and development, and strategies for accommodating community concerns.
- Negotiating, and advising regarding the implementation of, Phased Development Agreements in a range of contexts
- Advancing and negotiating expropriation claims, including as regards the expropriation of parking from shopping centres, a driving range from a golf course, and a distribution centre for a lumber supply business.
- Representing property owners in applications to remove lands from the Agricultural Land Reserve.
- Representing property owners at all levels of the Court system, through to and including the Supreme Court of Canada, on applications to set aside bylaws which negatively impact land use and development potential.
- Representing property owners in defending challenges to official community plan and zoning bylaw approvals, including as regards a high technology business park and big box retail developments.
- Negotiating with the Waste Management Branch regarding development approvals on contaminated sites.
- Appearing as counsel before the Environmental Appeal Board in defending a permit appeal regarding the human health and environmental implications of a discharge into a creek, together with the defence of associated applications including an application for a stay of the permit.
- Acting on behalf of industrial clients, and other property owners, in connection with the allocation of responsibility for remediation of contaminated sites.
- Litigating on behalf of a local government on an appeal to Cabinet in connection with a regional bylaw imposing substantial financial obligations on the local government.
- Representing a First Nation regarding the environmental assessment of a proposed liquid natural gas plant on reserve lands.
- Obtaining and enforcing an injunction to remove protestors from lands undergoing development.
- Litigating on behalf of a citizen's group to set aside the designation of their properties for a provincial highway.
- Representing local government officials in respect of alleged conflicts of interest.
- Litigating on behalf of property owners to overcome subdivision refusals, or unlawful preconditions to approval.
- Litigating on behalf of local governments to defend challenges to zoning, business licence and other bylaws.
- Acting for a major developer renegotiating a land use contract in respect of a substantial residential project.
- Acting for an environmental consultant regarding contract issues, environmental advice and claims defence.
- Conducting environmental compliance reviews for major industrial clients.
- Acting for local government on public-private partnership transactions, and major golf course and resort proposals.