East Gwillimbury looks to avoid LPAT appeal with LSRCA

'We had no option but to appeal'

Yorkregion.com
July 18, 2019
Simon Martin

A battle between the Lake Simcoe Region Conservation Authority and the Town of East Gwillimbury at the Local Planning Appeal Tribunal appears unlikely.

Last spring, the town voted to do away with proposed environmental protection (EP) zones from the LSRCA after intense public backlash from residents. That didn’t sit well with the authority.

The town’s bylaws adhere to 1997 levels of environmental protection, pre-dating both the Lake Simcoe Protection Act and the Greenbelt Act, which take precedence over a town’s zoning bylaw.

Earlier this year LSRCA, general manager of planning and development Rob Baldwin said reverting back to 1997 measures makes the town’s bylaws nonconforming with provincial legislation.

“We had no option but to appeal,” he said. “It wasn’t intentional, but it’s an awkward position.”

But instead of duking it out with lawyers at the tribunal, the sides entered into negotiations and appear to have found an amenable solution.

The new solution would keep private property zoning the same, which would go a long way to ease concerns from landowners worried about their property value. As part of the the town’s commitment to protecting the environment, the town will zone and protect an additional 1,000 acres of publicly owned land.

“We have to look after taxpayers' money,” CAO Tom Webster said at the July 16 council meeting. “(It’s better) to work with them rather than go to LPAT."

Town solicitor Dean Horner said the proposed solution would preserve the land uses set out in 1997 that residents were so ardent on keeping.

Members of council were pleased with the latest development on the matter and commended local residents for their engagement on the matter.

Some voiced their displeasure with how the conservation authority handled the matter.

“I am profoundly disappointed with the approach the LSRCA took,” Ward 3 Coun. Scott Crone said. “There’s lots of confusion around the issue. I don’t think it hurts to over-communicate anything.”

The next step in the matter is getting the LSRCA to withdrawal its appeal, which Webster said is the most desired outcome.

Russ Robson has been working with the East Gwillimbury Landowners Association to help protect the rights of private property during this matter. He said many towns have taken notice of East Gwillimbury for its battle protecting property rights.

“A lot of people are looking at how our town acted on this. They are very proud of us,” he said.

It’s been a long process for Robson, dating back to last year.

“Everyone walked away thinking it was fine,” he said of the town’s decision last spring. “Democracy was done, the people said no.”

Only later did they learn the conservation authority was appealing the matter. The proposed EP zones would have added land use restrictions to rural properties based on a comprehensive map.

“The EP would have protected the land from landowners, not developers,” Robson said, referring to proposed changes in the new Restoring Ontario’s Competitiveness Act, Bill 66.

“Once you open the door, in 30 years, what will be left?” Robson said.

Local resident John Gamble said there was no rhyme or reason to how the authority was zoning properties. “It’s time to tell the conservation authority enough is enough,” he said.

The town plans to host a meeting on the matter in September to further inform residents.