York Region approved development on the protected Greenbelt. Will Doug Ford’s government stop it?

Thestar.com
Nov. 10, 2021
Noor Javed

Doug Ford’s government has repeatedly promised to defend the Greenbelt, but a recent vote by York Region to open up protected lands near proposed developments in Markham and Vaughan will put that commitment to the test.

In a move that is a first for the province and one that could have implications for the two million acres of protected green space and farmland across southern Ontario, York Regional councillors voted 15-6 last month, against the advice of their own staff, for an amendment in the official plan, called ROPA 7, which would open up 600 acres of protected land in Markham and Vaughan to be included in nearby developments.

The vote to redesignate land, called “Greenbelt fingers” for their unique shape that outline the river corridors, would allow land designated “agricultural” to be changed to “rural,” allowing land previously off-limits to be used for parks, trails, playing fields, golf courses, but also other industrial uses.

“York Region’s recent approval to change the designation of the Greenbelt ‘fingers’... has now opened the Pandora’s Box and allows for invasive development on the Greenbelt,” said local Vaughan Coun. Marilyn Iafrate, who has been a strong opponent to this change. “The new designation allows for schools, fire halls, places of worship, industrial/commercial uses -- not just parks. The decision by York Region did not include restrictions to uses.”

In a letter to Vaughan council this summer, the developer leading the effort, Silvio De Gasperis, owner of development company TACC, said that he only plans to use the land for parks. Normally, parks are built on developable land in a subdivision.

City and regional staff, the Toronto conservation authority, environmental groups and the non-partisan Greenbelt Foundation all opposed the amendment, concerned that the decision would both set a precedent for other developers to follow suit -- and ultimately affect the integrity of the agricultural elements and natural heritage of the land.

But since the vote, the more pressing question has become: will the province sign off on a local planning matter that could have significant implications for provincial legislation?

“ROPA 7 is a local planning issue that may have regionwide consequences across the greater Golden Horseshoe,” said Edward McDonnell, CEO of the non-partisan Greenbelt Foundation, a charitable organization solely dedicated to preserving the Greenbelt.

“These are areas not just in York Region, but across the Greenbelt that are extremely important from an ecosystem functioning perspective and increasingly from a climate perspective because they are connected to these larger water systems,” McDonnell said, adding that many are also viable agricultural lands.

Paul Freeman, York Region’s chief planner, said the motion will be sent to the Ministry of Municipal Affairs and Housing “to make a decision to approve, modify or refuse the amendment.”

McDonnell said he will be watching the province’s decision closely.

“In fairness, the province has not approved municipal requests that impinged on the Greenbelt,” he said.

Municipal Affairs Minister Steve Clark’s office refused to respond to the Star’s questions.

In its report to council, York staff said they asked the staff of the provincial ministry for a “clear interpretation” about the permissibility of changing the designation of the Greenbelt land, but were not given a clear answer.

Rather, in a letter to York Region, the province simply outlined what could be built in land designated rural, but did not comment on whether Greenbelt lands were allowed to be redesignated for such uses.

“This implies that the Greenbelt policies are subject to municipal interpretation,” the staff report said.

Earlier in the year, both Markham and Vaughan staff were also left on their own when they pushed the province for guidance, “the province was very clear: they aren’t taking a position on this,” said the city manager at the June committee meeting.

In June, Melissa Diakoumeas, spokesperson for the ministry of housing, told the Star that: “It is up to the local municipality to determine how it implements the designations of, and conforms with, the Greenbelt Plan.”

But in its submissions to the region, the Toronto and Region Conservation Authority said decisions on the Greenbelt cannot be made in piecemeal way: “It is apparent all the corridors provide ecological benefit, and that extending park land into areas that have been targeted for restoration, such as those included in ROPA 7, will impact upon the future viability and health of these valley corridors within the Greenbelt fingers.”

Both Iafrate and McDonnell said the province already took a position when it issued a minister’s zoning order, or MZO, to fast-track DeGasperis’s subdivision project in northeast Vaughan last year -- changing its zoning so the project could be expedited. The MZO clearly designated the Greenbelt land as such, said McDonnell.

Vaughan Regional Coun. Gino Rosati said he was in support of the redesignation change, but only to allow parks on the land.

“I think it’s a benefit to the community if they can use the land for recreation, if they can go for a walk or a stroll. That was my main motivation,” he said.

McDonnell said that while the public enjoys nature, they also understand the “importance of doing it in a way that is respectful of natural systems and the local environment. And with increased concerns around climate change, one would assume they would not support decisions that would undermine systems that protect us from extreme weather events.”