The process for dealing with applications for private land development within the City of Whitehorse is subjective, unfair and a recipe for disaster, say members of city council.

Responding to questions from the Star on Tuesday, Mayor Ernie Bourassa and Coun. Doug Graham said there is an urgent need for clarity in the private development issue.

That includes either private development policies, a bilateral land development protocol between the City and the YTG, or the transfer of all Crown lands within the city to municipal authorities.

Currently in the Yukon, there is no official policy on private land development and all applications for the private development of public lands are done on a case-by-case basis.

The City and YTG officials had previously discussed a land development protocol, where the City, instead of the YTG, would create a development plan, but to date the protocol is in limbo.

Bourassa said Tuesday he was disappointed the City had again been surprised by the YTG referring to a development application by Whitehorse resident Daryl Novakowski. He is seeking to build 44 single-family homes in a Porter Creek greenbelt behind Porter Creek Secondary School.

Earlier this year, Jeff Luehman, a Meadow Lakes Golf and Country Club part-owner, filed an application under the Yukon Environment and Socioeconomic Assessment Act to have an area originally eyed for the development of another nine holes of golf developed into 28 country residential lots and two commercial properties.

Neither Luehmann nor Novakowski owns the land they wish to develop.

Bourassa said in light of all the controversy that occurs when the City and the YTG work on development issues, he is now seeking to have all Crown lands transferred to the City, which could then play the lead role in development within city boundaries.

'I think what council would prefer is that all Crown lands within city limits be transferred to the City,' the mayor said. 'We intend to draft a letter requesting precisely that.'

Bourassa said a land development protocol, being discussed between the City and the YTG, was signed by the City last year but has been stalled within the offices of the YTG.

'We signed that thing,' he said, explaining the need for both levels of government to consult one another on land issues was included in the draft protocol.

Clarifying the issue recently was city manager Dennis Shewfelt. Shewfelt said while the city was acting in the spirit of the protocol, it was awaiting cabinet approval before signing the document.

The protocol, according to Bourassa, has yet to be approved by the YTG, and he had no idea what was going on with it.

Energy, Mines and Resources Minister Archie Lang, whose department is the land owner, said the protocol discussions were ongoing.

'I'd ask the minister to tell me when those discussions have taken place ... I haven't heard anything about it in months,' Bourassa said.

Graham said Tuesday he feels the current process, where private development applications were dealt with on a case-by-case basis, was neither fair nor equitable.

He said he hoped a land development protocol would have been developed by now.

'There's been no (recent) discussions (on the protocol). We thought we had an agreement ... we signed it,' Graham said.

If the City was to entertain private development initiatives, Graham said, an open process should be developed which includes a public tendering process.

'I don't even know what the (current) process is ... it's very subjective,' he said.

Novakowski said Tuesday he too believes the territory should have private development policies in place to make things easier and less cumbersome for developers.

He said under the current adhoc process, he has spent nearly $20,000 and still had a long way to go before finding out if his plans would be approved or not.

'We definitely need a policy,' he said, explaining he found the process somewhat confusing and difficult to navigate.

Earlier this year, Eric Magnuson, the deputy director of the Department of Community Services, said government administrators found it difficult to deal with private development applications without a policy.

He said administrators often had to seek political direction to move forward, but that that was also difficult because there was no consensus on development between the City and the YTG.