White Rock replies to civil claim
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.