A Gibsons resident has taken the Town to court over the process that could see a developer take over the lower section of Winn Road.
The petition by Marcia Timbres was filed in B.C. Supreme Court on March 2. It accuses the Town of going ahead with the steps to close the section of Winn between Gower Point Road and the shoreline, and consolidate it with properties owned by Hyak Marine, Klaus Fuerniss and Monika Fuerniss, without giving public notice.
Those properties are the site of the proposed George Hotel, and the former Winn Road would be used as a public plaza and open space if the development goes forward.
Notice, and an opportunity for people with an interest in the matter to come forward, is required under the Community Charter whenever a local government disposes of land through a sale or transfer.
In a statement released March 15, the Town noted there has been no actual closure of Winn Road yet and called Timbres’ petition “premature.”
“Contrary to the claims in the petition, the Town planned and is committed to follow all the process requirements for the Winn Road closure and exchange,” the statement said, adding that the Town expects to start the road closure process this spring or summer.
“This process includes a notice of the proposed disposition for the part of Winn Road that would be closed. The Town is awaiting detailed design drawings to be able to define the road dedication over the plaza that will be received in exchange for closure of a section of Winn Road.”
The Town said the new road dedication “will continue to provide publicly owned access to the water over an accessible plaza with an elevator for those with mobility challenges. “
The Town also noted that a public hearing is not part of the legal requirements for a road closure.
