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OAKVILLE BEAVER Wednesday, October 14, 2009 · 4 Interim bylaw called `11th hour' action Continued from page 1 hearing, Chris Dou, to order the television news cameras present to cease recording. Swinkin also objected to extended resident participation in the hearing noting that at the end of the day the issue before the hearing does not really concern them. "The nature of the matter under appeal here is not one that involves the broad public. It is very tied to the rights of a land owner," he said. "These people are not here in that capacity. They are not here to tell you they object to the interim control. That would be the nature of the comment that I would think would be appropriate because some- Designers and Manufacturers of Custom Kitchens and Cabinetry Since 1970. · Quality Craftsmanship · Innovative Designs · Professional Service & Installation · 10 Year Warranty HWY. #6 N W S E WATERDOWN Visit Our SHOWROOM SOU TH D R. HWY. #5 w w w. h a l l m a r k k i t c h e n s . c a · · · · · Alzheimer Services Community Support Services Corporate Wellness Nursing Personal Support Services HALLMARK KITCHENS Thank you Acclaim Health Personal Support Workers! Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. ~ Leo Buscaglia ~ October is Personal Support Worker Appreciation Month. Acclaim Health would like to thank our Acc Acc dedicated team of PSW's. $ 2,525 UP TO SAVE WITH GREAT REBATES + $ 1,350 MORE WITH THE TAX CREDIT Hurry! Offer ends November 13, 2009 Details on carrier.ca Government rebates subject to change. how or other their interests "While the application that has been submitted by are being compromised by my friends through the Ontario Power Authority the interim control. They process deals directly with the Ford site, there are are here for some other reamuch broader planning issues, which face the son." This statement drew municipality than just that individual site and the shouts of, `You don't speak issues that it raises." for me Mr. Ford.' Eventually it was decided John Doherty, Town lawyer the crowd would be permitted to select representatives, site, there are much broader unreasonable interference who would be given the planning issues, which face in the good faith reliance by opportunity to speak during the municipality than just both Ford Motor Company a later part of the hearing. that individual site and the of Canada and TransCanada It was also decided to issues that it raises." Energy on existing Official move the proceedings to TransCanada lawyer Neil Plan policies and zoning in council chambers where Smiley disagreed noting in making their arrangements more people could be his opening statement that with each other and in puraccommodated. However, the Town passed the two suing a provincially mandatthere was still not enough planning instruments at the ed process to keep the lights room in the council cham- 11th hour to take away on in the southwest Greater bers and many residents development rights. Toronto Area," said Swinkin. were required to view the Smiley said this was a With their opening statehearing via Town TV in the case of a municipality ments finished, Doherty Town Hall South Atrium. attempting to thwart the called his first witness, With the Town Planner new venue "This is a case, Mr. Chairman, about planning Diane Childs. selected, the instruments passed under the guise of covering Childs stated h e a r i n g vast portions of the town whose real and practical the passing of began with effect is to target one land owner and one the two planthe represenning instruproponent." tatives from ments had been the Town, in response to Neil Smiley, TransCanada the provincial TransCanada lawyer and Ford each government making an changing the opening statements. provincial government and way it delivers power generTown lawyer John the Ontario Power Authority ation with private compaDoherty said he would pres- from fulfilling their mandate nies now receiving conent evidence that the Town to secure a power generation tracts to build power plants. was doing its job when it site. She also said parts of passed the interim control "This is a case, Mr. Oakville's official plan dealbylaw and Official Plan Chairman, about planning ing with power plants dated amendment. instruments passed under back to the 1980s and thereHe pointed out that the the guise of covering vast fore had to be updated to existing Official Plan had portions of the town whose prevent power plants from been out of date and some- real and practical effect is to being established in parts of thing was needed to say target one land owner and Oakville they were not exactly where power plants one proponent," said appropriate for. can be built in Oakville. Smiley. "Planning instruOn cross examination, The interim control ments were not intended for Swinkin asked Childs how bylaw has only been put in such purposes under the the two planning instruplace, he said, to give the planning act." ments could be in check Town time to conduct a For Swinkin, the issue is with the provincial policy of study to determine the best about a landowner not increased power generation place for a power plant in being able to use their land when they essentially proOakville. as they were previously hibit power plants. "It will be our submission allowed to under the law. Childs pointing out that that the actions of council "It is the position of the the two planning instruand the bylaws conform to Ford Motor Company of ments only prevent power the Official Plan, growth Canada that those impedi- plants until the Town complan and the provincial poli- ments (interim control pletes its study, which will cy statement," said Doherty. bylaw and Official Plan decide the best place for "While the application that amendment) represent an them through such meashas been submitted by my unreasonable interference ures as public consultafriends through the Ontario with the property entitle- tions. Power Authority process ments of the Ford Motor The hearing is expected deals directly with the Ford Company of Canada and an to continue until Friday.