Following court ruling, road construction through Surrey park to begin
A community group's effort to stop the extension of 84 Avenue in Surrey has been rejected by the B.C. Supreme Court, and the city's mayor says the project will proceed "immediately."
Friends of Bear Creek Park and the Force of Nature Society sued the city in an effort to stop the project, which would connect two currently separated portions of 84 Avenue by extending the roadway through the southern section of Bear Creek Park.
Mayor Doug McCallum and city councillors from his Safe Surrey Coalition say the extension between 140 Street and King George Boulevard is necessary to relieve traffic pressure on nearby areas, such as the intersection of King George Boulevard and 88 Avenue.
Opponents of the project say the road will disrupt the park's ecosystem, including two salmon-bearing streams. They also argue that the city did not engage in adequate public consultation before the council approved the plan.
In a decision issued Dec. 30, Justice Sheila Tucker noted that the City of Surrey has considered extending 84 Avenue "off and on" since the late 1980s, but the matter before her was the council's resolution approving the latest proposal.
"The roadway is a matter of controversy in Surrey," Tucker wrote in her decision.
"That said, the petition does not involve the wisdom, necessity or desirability of building the roadway," she wrote. "The only question posed under petition is a legal one – does the resolution authorize encroachments that are legally impermissible?"
Tucker concluded that the groups lacked standing to bring their allegations to court. She also ruled that, even if the group had standing to allege a breach of trust on the part of the city, no such breach had occurred.
McCallum welcomed the judge's decision in a statement on Friday, saying the court had ruled that Surrey was "well within its rights to proceed" and that the city would begin building the road "immediately."
"The Safe Surrey Coalition-led city council approved this project in July largely due to the heavy congestion at 88th Avenue and King George Boulevard," McCallum said in his statement.
"For many years, this has been Surrey's most dangerous intersection when it comes to motor vehicle collisions. The 84th Avenue extension will provide a safe, convenient and reliable alternative connection between Newton and Fleetwood that will alleviate pressure at the aforementioned junction."
In their own statement, Friends of Bear Creek Park and the Force of Nature Society expressed disappointment and frustration with the court's ruling.
Friends of Bear Creek held a protest at the park on New Year's Day to voice their continued opposition to the project.
"We knew this was going to be an uphill battle from the start," said Sebastian Sajda, president of Force of Nature and an organizer with Friends of Bear Creek Park, in the groups' statement.
“It was essential that we try. We believe this road is bad policy and this position has not changed."
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