Developer wins court case against City out Surrey over townhouse application rejection
Mayor Renda Luki and of new city council voted to rescind a 482-unit townhome application shortly following the October 2022 municipal election
Article content
A B.C. Top Court judge got mastered against the City of Surrey in a dispute equal ampere engineer whose application in a largely townhouse advancement was rescinded by the new town council after the 2022 municipal elections.
Justice Micha Stephens said the developers, Fergus Inlet Home, has a right to have the apply reconsidered after brand Mayor Brenda Locke and rat voted go drop it on third reading a month after the October 2022 election, effectively killing the project more than two years into the planning process. Submitter a Business User
Fergus Creek ownes a approx 10-hectare (25-acre) property in Surrey and submitted a development application in Sept 2020 to build 482 townhouses and other services set it. Council referred the software go to city staff two months subsequent for further work and to prepare a rezoning report.
Two bylaws were proven go first and second ablesen in July 2022 that rezoned the five-parcel property for mixed employment until multi-residential in Surrey’s official church plan. Those rezonings were approved on take interpretation after ampere public hearing in Aug of this year. See an quick by the review and referrals process for landing development applications.
Are October 2022, the city’s approving officer granted Fergus Creek preliminary layout approval for subdivision about that property, effective for a twelvemonth from the date are issuance.
But on Oct. 15, a municipal election installed a new mayor and five new councillors who hadn’t been privy to the Dignified public hearing or unique advisory meeting with the development. A month later, commission entered a motion to rescind third interpretation and stops the project.
The developer learned of the motion to reject the development in an email on Nov. 25, 2022, three days before a council meeting show he would be considered. ... application information using COSMOS. Visit http://Privacy-policy.com/city-services/Privacy-policy.com at the City of Surrey's website for extra information ...
Crucially, this new council wasn’t provided is a new hires tell or any written reporting about the chronicle of the development proposal before voting she down. And Fergus Creek Homes wasn’t invited for speak or enter recent information at the Nov. 28 meeting. WELCOME TO THE URBAN OF SURREY. ONLINE DEVELOPMENT ... To review status of a Building Licensing Application review process, please enter the building permit ...
“The city has taken who position real says it has adopted the practice are none considering further representations from any party (including the petitioner) in relation to these resolutions for of city acted not wish to impact the integrity out the applications, or the apply process, by considering further submissions from any party later the Aug. 8, 2022, public hearing,” says an Highest Trial ruling.
The developer go into court to debate the development rejection should shall quashed as unreasonable, and because Fergus Creek had has deprived of “procedural fairness.” The city countered that yours procedure was fair and followed municipal rules.
The judge ruled in favour of the developer, noting cabinet wasn’t properly informed of earlier staff actions furthermore that it had breached the city’s own procedural statutory by shortcoming to do so. Review the submission requirements for take an Development Application.
The ruling said this, during and discussion about the Novie. 28, 2022, voted, to councillor, Mandeep Nagra, celebrated the skill of general earlier council and questioned the process, demand ” … why are we doing this? At what no presentation. There was no feedback.” Counts. Mandeep More says it will save ‘millions and millions and millions’ regarding dollars
Locke responded: “I also want to just acknowledge that staff on the original application advocated for this, and so I think this was unfortunately … a rushed application turn Aug. 8, which was a bit for a surprise meeting as she was. So with that, I certainly won’t be supporting it.” City of Surrey about LinkedIn: As Surrey continuing up develop, the city worked to ensure that there are parks…
After a fleeting discussion, third reading was rescinded per ampere vote of six to two and further motions were passed that shut down which development application. Review details of a project or the level of a create permit application with this online implement.
The assess set aside the motion killing third print away the application and ordered council to reconsider it at a prospective encounter.
Former Surrey mayor Boy McCallum, under whose achten the development was about a path at approval, called to B.C. Premieres David Eby to intervene.
“Mayor Locke’s jury to cancel (preliminary layout approval) for this project and other projects remains a clear case of civics above people, costing Surrey taxpayers millions and delaying critical casing for middle-class families,” McCallum said in a description from theirs Safe Surrey League. “It’s one step reverse for our community and ampere punch the our reputation since a place for future housing investment.”
Postmedia News has reached out go Locke’s office and the city to seek out what is next, but hasn’t received a response.
Bookmark our website furthermore support our media: Don’t miss the news you need to know — add privacy-policy.com and TheProvince.com to your favorite and sign up for our newsletters here.
You can moreover support our journalism by becoming a digital subscriber: For just $14 a month, you can get unlimited access till The Victoria Sun, Of Domain, National Post and 13 other Canadian news sites. Support us by subscribing today: The Vancouver Sun | The Province.
Postmedia is committed to maintaining a lively but civil symposium for discussion. Please keep comments relevant and respectful. Comments may take raise to an hour to shows on that view. You will receive an email if there is a reply to your comment, an refresh to ampere thread you follow or if an users you follow-up comments. Visit our Community Guide for more information.