Forest Alliance wins appeal of controversial Georgina development
Alliance calls for immediate control bylaw on Maple Lake Estate lands, but town says it is weighing its next steps
Yorkregion.com
Dec. 23, 2019
Heidi Riedner
The battle over the controversial Maple Lake Estates development on environmentally sensitive lands in Georgina’s North Gwillimbury Forest is one step closer to a resolution.
In a decision issued Dec. 19, the Local Planning Appeal Tribunal (LPAT) ruled in favour of an appeal launched by the North Gwillimbury Forest Alliance that opposed the town and region’s designation of the land as urban residential in their Official Plans.
The appeal was the latest attempt by the environmental group, headed by Jack Gibbons, to stop DG Group's 1,073-unit residential retirement community on approximately 200 hectares of land located north of Deer Park Road in Keswick, despite the fact large portions of the land were designated Provincially Significant Wetlands.
The LPAT decision designates the Maple Lake Estates’ (MLE) wetlands and woodlands as Environmental Protection Area (EPA), said Gibbons, adding it applies to 92 per cent of the property.
In a statement issued Dec. 20, the Town said it is reviewing the LPAT's decision, “understanding what it means” and potential next steps.
Gibbons, however, said it is very clear what the Town’s next move should be, adding it is now “legally obliged” under the Planning Act to amend its zoning bylaw for the property to bring it into conformity with the new EPA designation.
“That means it must create a new bylaw that prohibits development on MLE’s wetlands and woodlands. In addition, the Town must now immediately pass an Interim Control Bylaw to prevent the DG Group from building a residential subdivision on the MLE’s ecologically sensitive lands and allow the Town time to amend the zoning bylaw.”
The NGFA is urging residents to contact Mayor Margaret Quirk and members of council, asking them to pass an Interim Control Bylaw now.
The Town, however, has scheduled a verbal update to council on the matter for Jan. 15.
In its media release, the town reiterated the position it has held to date on the matter that development rights on the property trump subsequent environmental protections put in place by the province.
“There are planning approvals for Maple Lake Estates dating back over three decades. Council and town staff want to see the Maple Lake Estates lands protected, however, the Town’s Official Plan must conform with provincial and regional plans, which currently recognize the long-standing development rights on the lands as originally granted by the Ontario Municipal Board (OMB), and re-affirmed by the provincial Cabinet.”
The Tribunal found the course of action “most consistent” with good planning principles and practice and in the public interest is for a designation of the subject lands “that aims to protect the wetland and woodland features there.”
It added while such a designation should not prevent the developer from implementing its existing development approvals, it would prohibit further development and site alteration beyond those existing approvals.
“The Tribunal finds that a designation that protects the area’s natural features, conserves its resources, and is sustainable is appropriate, which in this case is an Environmental Protection Area designation. There was no evidence produced before the Tribunal that the subject lands are the appropriate location of growth and development or an appropriate location for the provision of a range of housing types."
LPAT, formerly known as the Ontario Municipal Board (OMB), hears cases in relation to a range of land use matters, heritage conservation and municipal governance.
Gibbons credited the "victory" to the NGFA's lawyer, Leo Longo, planning expert Tony Usher, board members Jim Keenan, Erin Kemp, Mary Lovett, Dan Merrill, Mike Sanderson, Sandra Villiers and Linda Wells, and the group's "generous financial supporters," who have contributed to the cause.
