A developer has successfully challenged the City of Kelowna to have no-build covenants removed from a portion of land it owns on Academy Way.

The Honourable Justice Hardwick made the ruling on December 3. The case involved 13-acres of a property owned by Watermark Developments at 395-425 Academy Way, near the UBC Okanagan (UBCO) campus, which has been under the restriction of two no-build covenants since January 2009. 

These covenants were initially imposed to preserve the land for the (COMC), a project that was to connect West Kelowna to UBCO through a second crossing over Okanagan Lake. Over time, however, the project evolved into the Clement Avenue Extension, which Watermark argued is no longer planned to extend to its property. The extension is currently only expected to reach McCurdy Road.

In its petition, Watermark argued that the no-build covenants are now obsolete and prevent reasonable use of the property. It also argued that removing the covenants would not harm the city. The City of Kelowna contended that lifting the restrictions on the land would undermine future plans for the COMC and could hinder the development of a route along Highway 97 North to UBCO and Kelowna International Airport.

Justice Hardwick noted in the ruling, 香蕉视频直播淭he no-build covenants have been in place for nearly 16 years, and the city has no plans to use the land under the 2040 plans (Official Community Plan).香蕉视频直播� She also added that plans beyond 2040 may never materialize, so the city cannot justify delaying the petition indefinitely.

The court concluded that removing the covenants would not harm the city, while Watermark would continue to face harm if its ability to develop the land remained blocked. Watermark was granted the removal of the covenants and awarded court costs.