Permit issued
NRU
July 11, 2018
Rachael Williams
Lake Simcoe Conservation Authority has issued a permit to allow the DG Group to build a residential retirement community on a provincially significant wetland in Georgina, contingent on a land transfer agreement.
The conservation authority has approved the issuance of a permit that will allow a decades-old development application to be realized. Owned by DG Group, 72 hectares of land located north of Deer Park Road will be transformed into a 1,073-unit retirement village in part of the North Gwillimbury Forest. Dubbed Maple Lake Estates, the development is slated to be built on a wetland that spans 15 kilometres along the southern shores of Lake Simcoe.
In exchange for the permit, the DG Group has agreed to transfer 161 hectares of land adjacent to Maple Lakes Estates into public ownership to the local or regional municipality. These lands contain wetland, forest and agricultural features that offer options for restoration and mitigation of environmentally-sensitive areas.
“If we had issued the permit without getting some kind of mitigation back, I would say that’s not very appropriate. But we were able to achieve more than a two to one ratio [in land] so that’s a fairly substantial mitigation and that land goes to public ownership that could include trails and public access and potential public use,” said Lake Simcoe Conservation Authority planning and development general manager Rob Baldwin.
The conservation authority issued the permit last week, enabling the developer to move ahead with an application that dates back over 30 years. The original application filed by Bertan Investments received council approval in 1984 and was solidified with the adoption of an official plan amendment. The decision was subsequently appealed to the Ontario Municipal Board, where it was approved in 1987. The approval was reaffirmed by the provincial cabinet through an order-in-council and the subdivision plan was registered in 1992.
Bertan Investments went bankrupt before the project was underway. The property was later purchased by Metrus Development, who has since rebranded as DG Group, with the understanding that the land was zoned for an approved development.
But in 2003, the Ministry of Natural Resources designated the property as provincially-significant wetlands, which meant DG Group was required to obtain a section 28 permit from the conservation authority before the development could proceed.
Baldwin told NRU the land transfer agreement put DG Group in compliance with the five tests that need to be satisfied before the conservation authority grants a permit. The tests require the conservation authority to determine whether control of flooding, erosion, dynamic beaches, pollution or the conservation of land may be affected by the development.
Local ratepayer group North Gwillimbury Forest Alliance is arguing that the conservation authority unlawfully issued the permit in an effort to avoid a legal battle with the developer.
“The conservation authority illegally gave the DG Group permission to destroy this wetland and so now we’re asking the town to stand up and...do what’s best for the people of Georgina,” said North Gwillimbury Forest Alliance chair Jack Gibbons.
The group has launched a site-specific appeal to LPAT against the Town of Georgina’s official plan, which designates the site as an “urban residential area” notwithstanding that the lands are still designated “towns and villages” in the Greenbelt Plan and the York Region Official Plan.
“We’re saying the town should now implement an interim control by-law to ensure the DG Group can’t proceed with the destruction of the wetland before the LPAT hands down its decision,” he said.
Town council would prefer the lands remain protected wetlands and allow the DG Group to develop nearby lands that are not environmentally sensitive, but this would require an amendment to the Greenbelt Plan which the province has denied.
NRU reached out to the DG Group for an interview. A spokesperson for the company said they did not wish to comment.
