Stratford and APM come to agreement

The town of Stratford and APM Landmark, owned by Tim Banks, have patched up their differences over the construction of a new home for what is now called Southport Home Hardware.

The town has been in court this week trying to stop Banks from further construction of a new commercial centre at the corner of the Trans-Canada and Kinlock Road. The centre will be the new home for the existing hardware store in the community.

he town said it issued a building permit for the construction up to but not beyond the foundation for the new shopping centre. Banks, said the town, is now putting up steel framing for a building for which council has not seen a design nor approved.

A large part of the problem here is communication," said Stratford Mayor Michael Farmer following a court hearing Tuesday in Charlottetown. "The town has certain requirements before issuing a building permit . . . (Council) didn't know what he was doing . . . give us the plans before starting (to build) it."

Chief Justice Kenneth MacDonald of the Supreme Court Trial Division was to hear a second day of arguments as the town sought an injunction on Banks to stop all further work on the project.

Jeff Lantz, lawyer for Stratford, told MacDonald Tuesday that following meetings Monday night and early Tuesday, the two sides agreed to terms that would remove the case from the courts.

Farmer said the town has accepted a schedule of development with fixed dates for the delivery of information that the council will need to issue subsequent building permits.

"The design is still subject to approval by council," said Robert Hughes, administrative officer for the town.

The court was told that the issue between the town and Banks was being withdrawn from the court process, but could be called back before a judge with 24 hours notice.

Banks said after the brief court hearing Tuesday that his project is a "phased construction" with plans being submitted for each component but from his perspective, some council members don't like the look of his project.

"They are not satisfied," said Banks. "They don't like the look of it. (One councillor) thinks he can tell me what colour to paint the bedroom of my house. What we are defending is freedom of expression."

Banks said he made a few revisions of his plan "in keeping with the spirit of what was reasonable." "Our business has been in that community for years," said Banks. "We are building a quality landmark project with 40 new jobs added to the existing business with the potential to build a full-blown shopping centre on that site in the future. We believe that is what the community wants."

Bank's said he is now carrying on with his project without modification and the decision to remove the matter from the courts was not his. "If this got out to the public, that (the Town of Stratford council) stopped investment and were putting people out of work . . . that's not (its) mandate," said Banks.