Lady Alexandra developers and City of White Rock to meet in court

Hearing date has been set for July 18-19

A date has been set to hear a petition to the court filed against the City of White Rock.

The petition from the developers of the proposed Lady Alexandra building is to be heard at B.C. Supreme Court in Vancouver, starting at 9:45 a.m. July 18-19.

Calgary-based firm G.S.R. Capital filed the petition after councillors approved contentious OCP and zoning amendments for 1310 Johnston Rd. in March. Council voted 5-2 to approve the bylaw, which resulted in down-zoning of 1310 Johnston Rd. to a height of six storeys from the originally planned 12 storeys.

Voting against the amendment were Couns. Helen Fathers and Anthony Manning.

RELATED: Lady Alexandra developer takes City of White Rock to court

RELATED: City of White Rock responds to Lady Alexandra court petition

The mixed-use luxury residential and retail building planned for the current site of Leela Thai Restaurant and other businesses was approved for a development permit at a height of 12 storeys, but the project did not receive a building permit for 12 storeys, which allowed council’s re-examination of the project.

The petition to the court seeks, among other items, a declaration that G.S.R. Capital Group is entitled to proceed with a 12-storey development at 1310 Johnston Rd.; that an order be made to the city to quash a number of Official Community Plan and zoning bylaws, including bylaw 2289, which serves as a guideline for building heights on the 1300-block of Johnston Road; and that the city pay costs to the developer.

RELATED: White Rock council approves down-zoning, height limits

RELATED: Consultant warns of ‘devastating’ consequences of White Rock down-zoning

Among other items, the petition filed by G.S.R. alleges that the city breached an obligation of procedural fairness.

“That is clearly not the case,” the city’s response says.

In its response to the petition, the city cites section 463 of the Local Government Act, which allows a municipal government to withhold a building permit for 30 days if it passes a resolution identifying a conflict between a development proposed in the application for a building permit and an official community plan that is “under preparation.”

The allegations have not yet been tested by the court.

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