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Approval of Phase 2 "In Principle Only" in 2013

Approval of Phase 2 "In Principle Only" in 2013

City Council and City Engineers have argued (see May 4, 2016 Council Meeting Approval of Phase 2 Final Recommendations) that resident and Council "approval in principle only" of Phase 2 in 2013 is somehow binding such that they cannot reverse this approval. This is nonsense, and an issue for legal argument, namely,

(1) Phase 2 was approved “in principle only” in 2013:
 
“‘approval in principle’ : an oxymoron, as an agreement in principle is no agreement at all.” To bind the parties, a contract must be concluded in all its fundamental terms, with nothing left to negotiate. Halsbury’s Laws of England, Volume 9(1), “Contracts”: “It follows that, prima facie, there is no concluded contract where further agreement is expressly required.”
 
(2) Further approval of Phase 2 Final Recommendations was "expressly required" in 2016 (May 4, 2016 Council Approval).
 
In Winsor Homes, Justice Gushe assessed the contractual significance of an approval in principle given to a development scheme:  “… it is merely an expression of intent and has no legal significance whatsoever.”

Mayor Gregor Robertson's Declining Vote % by Election

Taxpayer Messages about Phase 2 of Seaside Greenway