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The Oakville Beaver, Friday May 5, 2006 - 7 Town argues jurisdiction on condo plan By Angela Blackburn OAKVILLE BEAVER STAFF Battle lines drawn long ago in the war over Creekbank Developments' plans for a nine-storey condo on Upper Middle east of Bronte Road are headed for the first skirmish July 4. The Town of Oakville sounded the battle cry this week at the preliminary hearing of a consolidated Ontario Municipal Board (OMB) and Environmental Review Board hearing in the matter. In its arsenal are recent amendments to Ontario's Planning Act. "We have new tools, we have new definitions," said Town lawyer Jennifer Huctwith. The Town will argue, before it ever gets to a hearing, that the joint board has no jurisdiction to even hear the case -- that the Planning Act amendments mean, at least on appeals of the Town that there is no case. "It's no surprise that we disagree with the position of the Town and the Region disagrees with the position of the Town so we're going to have a clash here," admitted Creekbank lawyer Barry Horosko Wednesday. It Creekbank has assembled a quartet of properties east of Bronte Road and south of Upper Middle Road including a former right of way and a trio of former residential properties. All used to be in the Parkway Belt West Plan -- green space that once served as an urban "We have a funOMB member boundary on which Robert Beccarea who damental issue there were restricted has been appointed by uses regulated by the between us that the chairs of the OMB is jurisdictional in Province of Ontario. and Environmental Two of the proper- nature." Review Board to hear ties have been removed the case admitted it was from the Parkway Belt Stephen Garrod, his first such hearing. and two have not. Horosko admitted it lawyer for Creekbank has asked Town of Oakville took him several weeks the Province to remove to wrap his mind around the last of the former the many, complex residential properties -- 2362 Upper issues in the case when he was hired Middle Rd. -- from the Parkway Belt. by Creekbank. It has also asked the Town of Lawyer Stephen Garrod repreOakville -- if the property comes out senting the Town was clear however. of the greenbelt -- to amend its As most showed up to hammer Official Plan and Zoning Bylaw to out a list of issues and set a hearing allow the 207-unit condo. date, Garrod arrived to question Town council has made no deci- whether the hearing should occur. sion on the condo, but asked the Garrod presented a jurisdictional Province not to remove the property motion questioning if the matter from the Parkway Belt. could even be decided by the joint The call is up to the Minister of board hearing. Municipal Affairs and Housing and He argued that under amendonce made is not open to appeal. ments the McGuinty Liberal governCreekbank, however, has appealed ment made to Ontario's Planning Act to both the OMB and Environmental in November 2004, appeals couldn't Review Board prior to either decision be made on requests that would being made -- and it all landed at the extend an urban boundary beyond preliminary hearing Wednesday. what a municipality deemed that That's where the Town, Halton boundary to be -- based on definiRegion, Conservation Halton and tions like "areas of settlement." area residents led by Beatrix Though the terms are new, they Morrallee of the 130-family members will be applied against plans that were People of West Oakville Residents in existence and it will be up to the (POWOR) Association, showed up as quasi-judicial court to make a call. parties to oppose Creekbank. Requests, such as Creekbank's applications, however, "We disagree been satisfied on its concame about after the cerns since Creekbank with the position amendments became agreed to meet its law so the amend- of the Town and demands about the ments should be appli- the Region building's setback from cable to the applica- disagrees with the tableland of the neartions. by and protected the position of Creekbank, and Fourteen Mile Creek. the Town so Halton Region, will Conservation Halton argue against the we're going to will continue as a party have a clash Town's stance. in the hearing to watchIn the absence of here." dog that Creekbank any supporting materimeets its commitments. al by Garrod, Horosko Barry Horosko, Using maps Garrod declined to outline lawyer for Creekbank said, "You can clearly see what he will argue. the lands, all of the lands, Developments While the Town's all four of the parcels, are Official Plan still indicates the proper- to the west and outside of the comty is deemed Parkway Belt, Halton munity boundary (Glen Abbey) Region differed as far back as 1995 defined in Oakville's Official Plan." when it amended its own Official Plan "In the Town's view that means and, against the provincial call at the they are outside the area of settletime, deemed the property should be ment in Oakville," said Garrod. greenlands. Amendments to the Planning Act, Recently, the Region has deemed prohibit appeals of requests to expand the property should be urban. or create a new area of settlement if a However the Province deferred its municipality does not support them. decision in 1995. "We have a fundamental issue It also appears that while some between us that is jurisdictional in lands were taken out of Parkway Belt, nature," said Garrod. they were never re-designated. Beccarea set a four-day hearing to Beccarea heard Wednesday that begin at 11 a.m. on July 4 at Town the land "is in limbo." Hall to hear from witnesses. Horosko said he has written The Region, residents and reports from Town and Region plan- Conservation Halton said they'd wait ners that recommend the property be to see what information comes forremoved from the Parkway Belt. ward before deciding their next Conservation Halton has so far moves. 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