, which launched the successful lawsuit against 91原创 Township over the Coulter Berry building in Fort 91原创, has hailed the court decision, but it also expects an appeal.
鈥淎lthough we were surprised Justice (Joel) Groves issued his immediately following the two-day hearing, we had anticipated he would see the merits of our case,鈥� the directors of FLRSD stated in a press release issued after they met Tuesday.
鈥淲e believe Justice Groves decided to issue his decision immediately in an effort to respect the importance of the decision to our society and many of the residents of 91原创 and Fort 91原创, but also in an effort to spare the developer any further costs or hardship in proceeding any further in constructing the Coulter Berry Building with an invalid permit.
鈥淥ur fight was never with the developer; it has always been with the Township of 91原创. We have empathy for the predicament this has left the developer in. The Township should have never issued a heritage alteration permit for this development, and acted outside of their legal jurisdiction in doing so. It is important to note that this improper action was taken by the Township, not the developer.鈥�
The society expressed the wish that the Township respect the court decision and 鈥渨ork with the developer to have a project that represents the community, respects its heritage and scale while also respecting the needs of the developer.
鈥淲e hope that the developer considers a two-storey building with many of the same features and benefits, but at a reduced scale, more in keeping with the existing streetscape and heritage guidelines. We believe our society and the community would fully support this.鈥�
The press release went on to say that the society is 鈥渨ell-prepared for an appeal should one come.鈥�
It noted that the Township has the ability to appeal the decision.
The written judgment by Justice Groves is not expected for several months. The Township has said it is awaiting that judgment, and in the meantime is discussing its options with staff and its legal counsel.
The society says it will await that response, before deciding on its next move.
In the meantime, work on the project has been halted. Excavation work has been done under permit, but developer Eric Woodward of Statewood Properties does not have a building permit, and does not expect one until the legal situation has been resolved.
91原创 Township council did not discuss the judgment at its open meeting on Monday, although it was almost certainly discussed in its afternoon closed session.
Here is the complete text of the society's press release:
Statement on Supreme Court of British Columbia ruling regarding Heritage Alteration Permit #100685 (The Coulter Berry Building) Fort 91原创 Residents for Sustainable Development vs. Township of 91原创
On October 25th 2013 after a two day hearing, Justice Groves of the Supreme Court of British Columbia ruled in favour of FLRSD. He determined the Township of 91原创 acted improperly and in his verbal decision, he invalidated
and set aside Heritage Alteration Permit # 100685 (The Coulter Berry Development.) Justice Groves set aside the HAP on the basis that the Township improperly varied density, contrary to the Local Government Act.
Although we were surprised Justice Groves issued his verdict immediately following the 2 day hearing, we had
anticipated he would see the merits of our case. We believe Justice Groves decided to issue his decision immediately in an effort to respect the importance of the decision to our Society and many of the residents of 91原创 and Fort 91原创, but also in an effort to spare the developer any further costs or hardship in proceeding any further in constructing the Coulter Berry Building with an invalid permit.
As we have maintained from the beginning of our legal proceedings, our fight was never with the developer途 it has
always been with the Township of 91原创. We maintain this position, and have empathy for the predicament this has left the developer in. The Township of 91原创 should have never issued a Heritage Alteration Permit for this
development, and acted outside of their legal jurisdiction in doing so. It is important to note that this improper action
was taken by the Township, not the developer.
Our sincere hope is that the Township decides to listen to the vocal majority of its residents , their own staff and
the message of this court decision, and that they now work with the developer to have a project that represents the
community, respects its heritage and scale while also respecting the needs of the developer. We hope that the
developer considers a 2 story building with many of the same features and benefits, but at a reduced scale, more in
keeping with the existing streetscape and heritage guidelines. We believe our society and the community would fully
support this.
Our Society will await the response from the Township along with Justice Groves鈥� written ruling before deciding
what our next steps may be. The Township of 91原创 does have the ability to appeal this decision. While we hope
that the Township will respect the Supreme Court decision, we are well prepared for an appeal should one come.
Furthermore, we will strongly oppose any attempts by council to 鈥渟pot zone鈥� or tear apart the existing guidelines and
OCP simply to accommodate the previously presented Coulter Berry Development. We stand committed to our cause.
We believe with proper community input, adherence to the Township鈥檚 own existing processes and the
cooperation of developers, Fort 91原创 can be developed in a manner that befits its position as the heritage jewel in
the Township of 91原创.
We have had such overwhelming support from our community, and we extend a huge thank you to all who were
there in support of our cause. We also extend our hand in friendship to those that were not in agreement with our
position. The passion people feel for Fort 91原创 is what makes it such a special place. We respect the differing
opinion held by some members of the community on the Coulter Berry Development, but it is important to remember
we have a common thread we all love Fort 91原创. We hope the passion for Fort 91原创 continues and all of us
can work together to see our village develop in a manner suitable for a Heritage Conservation Area. We believe in
sustainable, practical and heritage compliant development in Fort 91原创.
Thank you,
The Directors of Fort 91原创 Residents for Sustainable Development
