Part of a rendering of the Lady Alexandra building proposed for 1310 Johnston Rd. (File photo)

Part of a rendering of the Lady Alexandra building proposed for 1310 Johnston Rd. (File photo)

Decision on White Rock’s Lady Alexandra building heads to appeal court

Supreme Court sided with City of White Rock in March decision

The owners of the planned Lady Alexandra building are appealing a B.C. Supreme Court decision that determined the City of White Rock was justified in down-zoning the 1310 Johnston Rd. property from 12 storeys to six.

In a decision handed down March 31 of this year, Supreme Court Justice Carla Forth ruled in favour of city council’s decision, made in November 2018, to halt the 12-storey highrise, which was previously approved, pending an OCP review.

The owner of the property, G.S.R. Capital Group – a group of mostly local investors – and the city are to appear via videoconference in the Court of Appeal for British Columbia this Friday at 10 a.m., according to court documents.

RELATED: Supreme Court upholds White Rock council decision on Lady Alexandra development

“At issue is whether a city can issue a development permit approving a specific development and requiring the land to be developed in accordance with existing zoning, then reject the permit while it prepares by bylaws designed to downzone the property in question and prohibit the development,” a court of appeal hearing list reads.

The mixed-use luxury residential and retail building, which was planned for the former site of Leela Thai Restaurant, and other businesses, was approved for a development permit at a height of 12 storeys by the previous council.

Before and after approval, the contentious project had been the subject of outcry from residents opposing highrise development in the lower town centre area.

While it had received a development permit, the project, still undergoing design revisions at the time, had not yet received a building permit.

This allowed the newly-elected council to include the project in its official community plan review, instituted only two days after council took office.

SEE ALSO: White Rock council challenged by Lady Alexandra conundrum

Five members of the newly elected council, who are part of the Democracy Direct White Rock party, ran on a platform consisting of a “moratorium on the approval of any further high rises in White Rock until the completion of the 14 towers already approved.”

Ultimately, council voted 5-2 to approve bylaw 2290, which resulted in down-zoning of the property to a height of six storeys from the originally planned 12, and also to modify allowable density.

In her written decision, Justice Forth wrote that the impugned resolutions and bylaws are valid and dismissed G.S.R. Capital’s petition.

– with files from Alex Browne

development

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Pixabay image
Surrey recovers 29,000 jobs it lost to pandemic

That’s according to Surrey Board of Trade’s fifth Surrey Labour Market Intelligence Report on COVID-19

A worker is seen throwing a chicken in an undercover video in 2017 filmed by California-based animal rights activists Mercy For Animals.
Fraser Valley chicken abuse trial delayed until February

Originally scheduled for a jury trial, Sofina and Chilliwack company now face judge alone

A memorial remains near the site of where South Surrey mechanic Paul Prestbakmo was killed in August 2019. (Tracy Holmes photo)
Desmond Tompkins helped curate and host a youth art show at the South Surrey/White Rock Learning Centre. (Contributed photo)
South Surrey/White Rock Learning Centre art show highlights ‘diverse perspectives’

With COVID-19 protocols in place, youth art show underway

Crews with Discovery Channel film as an Aggressive Towing driver moves a Grumman S2F Tracker aircraft around a 90-degree turn from its compound and onto the road on Saturday, Jan. 23, 2021. It was the “most difficult” part of the move for the airplane, one organizer said. (Jenna Hauck/ Chilliwack Progress)
VIDEO: Vintage military plane gets towed from Chilliwack to Greater Victoria

Grumman CP-121 Tracker’s eventual home the British Columbia Aviation Museum on Vancouver Island

The trial of Harry Richardson began Monday at the Nelson courthouse. File photo
Trial of man accused of shooting RCMP officer in West Kootenay in 2019 begins

Harry Richardson is facing five charges in a Nelson courtroom

FILE – Canadian Prime Minister Justin Trudeau delivers his opening remarks at a news conference outside Rideau cottage in Ottawa, Tuesday, January 19, 2021. THE CANADIAN PRESS/Adrian Wyld
Vaccine CEO ‘very, very clear’ that Canada’s contracts will be honoured: Trudeau

Trudeau says he spoke to Moderna CEO on the morning of Jan. 26

Brad Windsor has been an advocate for years to get sidewalks installed along Milburn Drive in Colwood, but to no avail. He wants city council to commit to making Milburn a priority lane for sidewalk construction in the future. (Aaron Guillen/News Staff)
VIDEO: Dramatic crash caught on B.C. home security camera

Angry residents say video highlights need for sidewalks in B.C. residential neighbourhood

An independent review is underway at the Royal BC Museum after employees called out systemic, individual racism at the institution. (Twitter/RBCM)
Royal BC Museum faces allegations of systemic racism, toxic work environment

Formal investigation, survey and training launched at museum

In this May 23, 2012, file photo, an approximately 2-year-old female cougar runs away from a Washington Department of Fish and Wildlife trap after being released northeast of Arlington, Wash. A cougar has attacked and severely mauled a man in British Columbia. THE CANADIAN PRESS/AP-Mark Mulligan/The Daily Herald via AP
Cougar euthanized in B.C. after severely mauling a man north of Vancouver

Whistler RCMP officers were first on the scene and shot and killed a cougar prowling nearby

The Independent Investigations Office of BC (IIO) is looking into the death of man discovered Jan. 11 in east Maple Ridge. (Black Press files)
B.C.’s police watchdog investigating man’s death in Maple Ridge

Man was found dead Jan. 11 after recent contact with police

Chilliwack Law Courts. (Black Press file)
Man sentenced to 20 months for sexual offences involving a minor in Mission

Will Laws Clark was 22 and victim was 13 at time offences began

Rolling seven-day average of cases by B.C. health authority to Jan. 21. Fraser Health in purple, Vancouver Coastal red, Interior Health orange, Northern Health green and Vancouver Island blue. (B.C. Centre for Disease Control)
2nd COVID vaccine doses on hold as B.C. delivery delayed again

New COVID-19 cases slowing in Fraser Health region

Most Read