The Saskatchewan Building and Accessibility Board has issued a decision on the Capital Pointe project.

On April 3, the City of Regina issued an order for the developer, Westgate Properties Ldt., to fill the hole, citing unsafe conditions at the site due to the temporary shoring measures put in place to keep the excavation stable. The developer appealed the decision, and the appeal was heard before the board last month.

On Friday, the board has issued a decision to vary the order, meaning the hole will not be filled immediately, instead the developer must submit written notice to the city on future plans for the site by the end of September.

In their written decision, the board laid out three options for the site, indicating that the city and the developer must come to an agreement on the outcome.

The first option states that the developer must apply for permits by Oct. 31, 2018 and recommence construction on the site by April 1, 2019. In this scenario, construction of the tower must be complete by March 30, 2022.

The second option would see the developer construct permanent shoring of the excavation to protect the site and adjacent buildings. Construction of the shoring would have to begin by Feb. 28, 2019 and be completed by Feb. 28, 2020. In this scenario, the lanes on Victoria Avenue and Albert Street would be returned to the city, and protected pedestrian walkways would be constructed on Victoria and on Albert.

The third option is to fill in the site. If the developer chooses to take that route, they would be required to submit permit applications by Oct. 31, 2018 and start filling the hole on Nov. 30, 2018. Completion of the work would need to be done by April 30, 2019.

In all three scenarios, the developer must continue to submit monitoring reports to the city showing that the site is still safe.

The city released a written statement on the decision.

“This is a complex file and residents can be confident that the City represented their interests to address public safety. We respect that the board considered many factors in its decision. We are reviewing the decision and considering our options.

We understand public interest and frustration given the prominent location of this site and are committed to providing the public with updates when possible. However, as further legal action may be pending, we are unable to provide further information at this time.”

On July 10 the city had issued a request for proposals looking for a contractor to fill the hole. The city says they are now withdrawing the request for proposals.