Vaughan Block 40/47 secondary plan appeal dismissed

NRU
Jan. 6, 2016

In a December 14 decision, board member Susan de Avellar Schiller dismissed an appeal by Gillian Evans and David Toyne against the City of Vaughan’s adoption of Official Plan Amendment 744-Block 40/47 Secondary Plan.

Evans and Toyne, whose farm is adjacent to the south end of the block 40/47 lands, were concerned about the compatibility of the proposed residential development with the farm’s livestock operations. More specifically, the appeal related to the interface between their farm and the southern part of an adjacent property. Owner Country Wide Homes’ draft plan of subdivision, which includes 17 single-family homes on the abutting interface, is before the board in a separate proceeding.

Paul Lowes (Sorensen Gravely Lowes) provided planning evidence for Country Wide Homes. He testified that the compatibility policy in the official plan amendment does not require a study, although one may be undertaken as determined on a case-by-case basis.

Robert Clark (Clark Consulting Services) provided planning and agrology evidence on behalf of Evans and Toyne. He proposed a revised compatibility policy for the official plan amendment that would proscribe a mandatory Agricultural Impact Assessment and mitigation measures.

The board found elements of Clark’s proposed policy to be problematic and dismissed the appeal. It found the amendment to be consistent with the Provincial Policy Statement, 2010 York Region official plan, and the 2001 official plan amendment which re-designated the lands for development. Country Wide
Homes requested the board’s consideration of costs.

Solicitors involved in this decision were Michael Melling and Katarzyna Sliwa (Davies Howe) representing Block 40/47 Developers Group Inc., David Donnelly and Anne Sabourin (Donnelly Law) representing Gillian Evans and David Toyne, Jane Pepino and Meaghan Barrett (Aird & Berlis) representing Country Wide Homes Inc. and David Bronskill and Joe Hoff man (Goodmans) and city solicitor Dawne Jubb representing the City of Vaughan.