An appeal of a Supreme Court ruling against 91原创 Township will go ahead, although 91原创 Township council has a legal opinion stating that its subsequent re-approval of the Coulter Berry project is sound.
The council芒鈧劉s decision to re-approve development of the Coulter Berry building in Fort 91原创 is legally sound, according to lawyers at Bull Housser LLP, and complies with directions outlined by a Supreme Court judge to make the decision legal.
Late last year, Justice Groves of the BC Supreme Court overturned a Heritage Alteration Permit the Township had issued to allow construction of a three-storey, mixed-use, LEED-certified building at Glover Road and Mavis Avenue
The judge added, however, that the council was still open to amend the zoning bylaw 芒鈧搃n the usual way.芒鈧�
Following the Groves decision, Coulter Berry芒鈧劉s developer applied to amend the bylaw, and re-applied for the Heritage Alteration Permit, after making changes to the proposed building plans.
As part of the process, and after a lengthy public hearing, the Township amended the Fort 91原创 Official Community Plan Bylaw with a fourth reading on April 28, also ratifying amendments to the Facade Guidelines, and issued a new Heritage Alteration Permit for the development.
Despite the Township芒鈧劉s compliance with the court ruling, Coulter Berry opponents are continuing to challenge the decision to proceed with the development.
In response, the Township sought a legal opinion from the law firm of Bull Housser LLP, and received assurances that the it is now in compliance with the court ruling and all other requirements.
芒鈧揟he Township is bound to follow the ruling of Justice Groves, and we are doing so,芒鈧� said Mayor Jack Froese. 芒鈧揌owever, we have concerns about that ruling, and will be appealing the judge芒鈧劉s decision to originally overturn the Heritage Alteration Permit.芒鈧�
The Township芒鈧劉s appeal has been set for June 24.
