A long time community activist is delighted with an unexpected decision by the park board to abandon plans to build a 12-foot wide, paved separated bike path through Kitsilano and Hadden Beach parks.
“This is a really good example of participatory democracy,” said Kits Point resident Megan Carvell Davis. “In the past when I’ve addressed the park board they’d listen, thank me and then go on with whatever it was they were going to do.”
On Oct. 7, 2013, the park board approved the $2.2 million bike path as part of the overall Seaside Greenway plan connecting Canada Place to Stanley Park to False Creek and finally Jericho. The path was to be an extension of the Cornwall-Point Grey bike lane. At the time, residents accused the city and park board of burying the details within the Seaside Greenway report. As part of the public consultation the park board surveyed almost 400 beach goers, but frequent visitors and nearby residents to the parks argued they knew nothing of the plan. In response, the ad hoc group Save Kits Beach Now Coalition was formed and protests were organized.
Carvell Davis filed a lawsuit against the city and park board in B.C. Supreme Court Nov. 4 in an attempt to halt the bike path. She also successfully petitioned for an injunction to postpone construction until a decision could be made regarding the path. Carvell Davis argued at the time the land was a donation made 85 years ago by millionaire land speculator Harvey Hadden under the condition the city "shall keep the property as near as possible in its present state of nature."
At a November press conference, Carvell Davis's lawyer Rob Kasting said the decision by the city and park board to move the greenway bike lane from Ogden Street to the middle of Hadden Park was a violation of that deed. In response, the park board filed a motion of defence and the case was expected to be decided in March.
But following a last-minute motion by Vision Vancouver commissioner Constance Barnes Monday night, the park board released a prepared statement that read in part, “We’ve heard clearly from the public that there is significant concern with any proposed changes to Hadden Park. Tonight, the park board gave direction to staff to discontinue proceeding with any options for a new path through Hadden Park, and to communicate that to the petitioner in the B.C. Supreme Court application. The park board will not be pursuing a new separated path through Hadden Park or at Kits Beach…”
Whether Carvell Davis will continue with the lawsuit has yet to be decided.
“It’s fine for now, but there’s an election coming and what if Vision doesn’t get re-elected and another park board decides it wants to do something else with Hadden Park,” said Carvell Davis, who credits Barnes with the surprise decision.
But Barnes said while it was her motion, she was simply part of a collaborative effort.
“I thought, do we really want to go to court to battle this,” said Barnes. “I know we could have done a better job with the public consultation, but going forward we’ve learned something.”
Barnes said what’s vital now is changes to the way cyclists and pedestrians interact along that stretch of beach and parkland. She noted if safety measures aren’t quickly implemented it’s only a matter of time before a serious accident takes place.
“It’s unacceptable to leave the existing path as is, so staff will be working on that,” said Barnes. “Whether that means new signs or we ask cyclists to dismount hasn’t been decided.”
