GLEN ABBEY REDEVELOPMENT APPLICATION DEEMED COMPLETE

NRU
June 14, 2017

In a June 7 decision, board member Sharyn Vincent allowed a motion by ClubLink Holdings and ClubLink Corporation ULC (“ClubLink”) for a determination by the board of the completeness of ClubLink’s official plan and zoning by-law amendment applications for the redevelopment of Glen Abbey Golf Course in the Town of Oakville.

On November 10, 2016, ClubLink submitted its development applications for a mixed-use subdivision consisting of 3,222 residential units in a range of housing forms, 5,429 m2 of office commercial space and 5,841 m2 of retail space, as well as parks, open space, natural heritage systems, wooded areas and buffers.

Prior to ClubLink’s submission of its applications, the town enacted an interim control by-law freezing development on the site pending completion of three studies: an urban structure review, land use economic and impact analysis study, and cultural heritage landscapes assessment. The interim bylaw lapsed in January, 2017 and the town extended it for one additional year. ClubLink appealed the interim by-law to the board, although the board upheld its validity in a May 10 decision.

In the current proceedings, ClubLink sought an order from the board declaring its development applications complete as of November 10, 2016, the initial date they were submitted to the town, along with 42 supporting reports and studies. The town had refused to accept the applications as complete until such time as council implements the recommendations flowing from the three studies initiated under the interim by-law.

The town argued that ClubLink’s application failed to adequately analyze the impact of the proposal on the town’s urban structure and the loss of Glen Abbey Golf Course on the local economy, and it failed to properly address the requirements of the Halton Region official plan. These elements, the town contended, were required in order to allow the town to come to an informed decision on ClubLink’s application.

The board found it to be inappropriate and unreasonable to require ClubLink to replicate studies that the town is currently engaged in undertaking while the interim by-law is in effect. The board allowed ClubLink’s motion and ordered the town to accept its applications as complete as of the date of the board’s June 7, 2017 order.

Solicitors involved in this decision were Mark Flowers and Kate Fairbrother (Davies Howe) representing ClubLink Holdings Ltd. and ClubLink Corporation ULC and Robert Howe, Catherine Lyons and Joseph Hoffman (Goodmans) representing the Town of Oakville. [See OMB Case No.MM170001.]