Appeal board gives developer another chance to complete Regina's Capital Pointe project

After appealing a directive to fill the big hole at the corner of Albert Street and Victoria Avenue, the developers behind the proposed Capital Pointe development are getting another chance to finish their project.

The City of Regina ordered the hole to be filled earlier this year, but Westgate Properties appealed.

On Friday, the Saskatchewan Building and Accessibility Standards Appeal Board released its decision. The board gave Westgate Properties three options. 

For the first option, Westgate would have to "commence, continue, and carry out construction of the project to completion," according to the appeal board's decision, with construction starting by April 1, 2019.

Under this option, the project must be finished by March 30, 2022.

For the second option, the company would have to build permanent shoring to protect the site, adjacent buildings and rights of way from slumping. If they chose this option, excavation and shoring work must begin by Feb. 28, 2019, with the project being completed a year later.

The third option is to backfill and decommission the site, which would have to be done by April 20, 2019.

Westagate Properties must make a decision by Sept. 30 and submit all monitoring reports to the City of Regina within 15 days of being recorded.

Regina city councillor Bob Hawkins, who has advocated for the hole to be filled, says the decision could cause even more delays.

"I thought the decision was unreasonable," he said.

"I think that the decision did not deal adequately in its reasons with the evidence before it and I think the city should appeal it."

He said his main concern is safety at the building site.

In an emailed statement, the City of Regina says it is reviewing the decision and is unable to provide further comment as further legal action may be pending.

Westgate Properties' response

Neil Abbott, counsel for Westgate Properties, said he and his clients are happy with the decision.

"We're pleased that the board has given our client an option, or options, to chose from," he said, adding Westgate Properties will work toward meeting the deadlines.

He said the company will likely chose either the first or second option.

During the appeal, the city's issue was the site's safety. Abbott says evidence they presented addressed those concerns, leading the board to find the site safe.

The proposed multimillion-dollar hotel, condo and office complex has supposedly been in the works since before the old Plains Hotel was demolished in 2011.