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The Planet has learned that the would-be developers of the project planned for 2211 Harold Way, which called for the demolition of the building which houses the Shattuck Cinemas, failed to pay necessary fees to complete filing the application for a building permit by today's deadline.

On New Year's Eve at 1:02:46 p.m., developer Joe Penner said this in an email to expediter Mark Rhoades and Steven Buckley of the City of Berkeley's Planning Department:

"The city believed that development projects are a never ending piggy bank they can continue to raid.

Now the city will get zero."

This means that this project, in the works since 2015, is essentially off. The use permit granted by the previous majority on the Berkeley City Council has now lapsed, and a new project would be subject to a number of new city requirements added to combat climate change,including all-electric utilities. It would also need new approvals for requested changes which proponents claimed were needed to ensure profitability, including fewer units and six instead of ten theaters.