Lake Simcoe Conservation Authority drops appeal of East Gwillimbury zoning bylaw

In 2018, the town voted to do away with proposed environmental protection zones from the LSRCA after intense public backlash from residents

Yorkregion.com
October 8, 2020
Simon Martin
East Gwillimbury Express

A legal battle between the Lake Simcoe Region Conservation Authority and the Town of East Gwillimbury over the town’s zoning bylaw appears to have been avoided.

The LSRCA has agreed to withdraw their appeal to the Local Planning Appeal Tribunal after the two parties agreed upon the terms of a memorandum of understanding.

In 2018, 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, predating both the Lake Simcoe Protection Act and the Greenbelt Act, which take precedence over a town’s zoning bylaw.

LSRCA general manager of planning and development, Rob Baldwin, said at the time that reverting back to 1997 measures made 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.”

To secure a withdrawal of the LSRCA appeal, the town worked to ensure that East Gwillimbury property owners retain their environmental protections set out prior to the 2018 Zoning By-law review, while acknowledging the additional environmental protections, policies and regulations that exist on lands in East Gwillimbury. As part of the town’s planning process, property owners are required to comply with other land use controls required by provincial, regional and other agencies such as the LSRCA.

“I am very pleased that the town and LSRCA worked collaboratively to resolve this matter. The decision has been agreed to by both the town and LSRCA and we are pleased that we could address the needs of East Gwillimbury residents by retaining the previous environmental protection zone while also meeting the requirements of the LSRCA,” said Mayor Virginia Hackson.   

One of those residents who raised alarm bells throughout the process was River Drive Park resident John Gamble. He along with others from the East Gwillimbury Landowners Association have been vocal critics of the town and the conservation authority throughout the process.

While the town and the conservation authority settled their dispute, Gamble remains skeptical. “I think it was all a scam. We fought back and did stop the environmental protection zoning,” he said. “It is short-term win. We may have won the battle, but it is nowhere near the war.”

Gamble said his concern is that, in the future, the zoning could be changed by the province as he believes there is an attempt to devalue land for future development.

While there was some concern initially from East Gwillimbury council that their partners from the LSRCA were willing to take them to the LPAT on the matter, council members voiced their approval for avoiding the tribunal at the Sept. 22 council meeting.

“We’re pleased that we were able to work with the town to find a positive solution and to move forward without the need for a hearing at the Local Planning Appeal Tribunal,” York Region chairman and CEO, Wayne Emmerson, said.

Baldwin said the intention was to always avoid the LPAT as that would have cost lots of money for both parties. While it’s rare for a conservation authority to file an appeal to the LPAT, Baldwin said it worked out.

“It’s not the normal process, but in the end both parties got they wanted,” Baldwin said.