White Rock replies to civil claim

View of the site of the eight-storey care facility planned for 1550 Oxford St. - File
View of the site of the eight-storey care facility planned for 1550 Oxford St.
— image credit: File

Legal steps to quash a bylaw amendment approved by White Rock council in February are “premature,” the city says.

In response to a petition filed last month by two residents of the Belaire building located on Oxford Street at North Bluff Road, the city argues there is no basis for the legal proceedings.

“Until Evergreen either applies for a development permit, or seeks to commence construction, it is premature to seek judicial review of any discretion that the city may or may not exercise in regard to development permit requirements,” the April 16 response states.

The amendment in question received council approval in February and clears the way for a plan by Evergreen Baptist Care Society to build a 199-bed facility at 1550 Oxford St., immediately south of the Belaire.

The petitioners – Belaire strata president Dennis Lypka and George Holmes – claim council violated the city’s Official Community Plan and its procedures bylaw in not requiring the developer to apply for a major development permit.

City officials disagree.

“The comprehensive development bylaw is not inconsistent with the city’s Official Community Plan on any basis pleaded in the petition,” the response states. “The owner of the land has not yet applied for a development permit, and until the owner does so, there is no exercise of, or a proposed exercise of, a statutory power or statutory power of decision relating to the issuance of a development permit.”

The city’s notes that the 12-storey height of the Belaire was the result of a special variance from the city.

In an email to Peace Arch News, Lypka said he was surprised by the city’s suggestion the petition is premature.


We encourage an open exchange of ideas on this story's topic, but we ask you to follow our guidelines for respecting community standards. Personal attacks, inappropriate language, and off-topic comments may be removed, and comment privileges revoked, per our Terms of Use. Please see our FAQ if you have questions or concerns about using Facebook to comment.

You might like ...

Green MLA Weaver to seek leadership
Highway 1 split a preview of Port Mann Bridge local lanes
Fraser Health plans two-month bump in surgeries and scans
Rasode newest director on Fraser Health board
Theft at White Rock liquor store investigated
Teen drives himself to hospital after being shot in Surrey
Sands took on ALS with positivity
Richmond urges RCMP to rethink ‘impractical’ policy
Green carts slated for rollout to apartments

Community Events, January 2015

Add an Event

Read the latest eEdition

Browse the print edition page by page, including stories and ads.

Jan 27 edition online now. Browse the archives.