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17 | O akville B eaver | T hursday,D ecem ber 20,2018 insidehalton.com Expert Servic e & World-Class Repairs Music les sons Music les sons Guitar, Piano, Drum s, Vocal & Ukulele Sign up today:No RegistRatioN F ees PRiVate - oNe o N oNe No CoNtraCts • aLL aGEs WEL CoME 905-257-3110 • theguitarworldoakville.com 380 Dundas St. E. (at Trafalgar Rd., in Longo's Plaza) orld-Class R epairs Gift CertifiCates available and Ukuleles, Amps, Accessories & more! huGe selection oF ukuleles starting at $45! tons oF GuitARs over 400 in stock! and Ukuleles, Amps, Accessories & more! DECK THE HALLS WITH GUITARS!! sPECIaL CHrIstMas H oUrs oPEN sUNDaYs 12-5 P.M. UNtIL CHrIst Mas This year's hottes t guitar amp! GuitAR Yamaha Acoustic Guitar Package $1 99 Electric Guitar Pac kages starting at $199 Includes guitar, am p, tuner, strap, cab le, etc. Yamaha FG800M Solid Top Acoustic $249 Seagull S6 Origina l Acoustic Guitar $ 449 Handcrafted in Ca nada Godin Session SG Electric Guitar w/c ase $599 Handcrafted in Ca nada Katana 50 $299 The Ontario Superior Court of Justice has quashed a conservation plan and related bylaws, which Oakville council put in place to protect Glen Ab- bey Golf Course from devel- opment. In a decision issued Tuesday, Dec. 11, Judge Ed- ward Morgan said the plan went beyond what the town was legally permitted to do, represented bad-faith deci- sion-making, and was too vague to survive challenge. A court hearing con- cerning the conservation plan and its bylaws took place Oct. 22 and 23. The ruling was well re- ceived by Glen Abbey Golf Course owner ClubLink, which is seeking to build 3,222 residential units, in- cluding nine apartment buildings, between nine and 12 storeys, on the world-renowned golf course. "We are reviewing the decision in detail, but we do believe it is consistent with our position all along, which is that these bylaws are not legal and represent a significant overreach by the Town of Oakville," said Robert Visentin, ClubLink senior vice-president. The Town of Oakville has issued a statement not- ing legal staff is reviewing this decision and will re- port to council early in the new year to seek direction on potential next steps. ClubLink's development application has generated significant concern among many residents in Oakville who fear the loss of green space and the amount of traffic the proposed devel- opment would bring to sur- rounding roads. Town staff have said the proposed development is inappropriate for the 1333 and 1313 Dorval Dr., site, noting it would essentially turn the Glen Abbey Golf Course into an unplanned growth area. Oakville council voted unanimously on Sept. 27, 2017, to reject ClubLink's development application. They also voted unani- mously to designate the property under the Ontario Heritage Act on Dec. 20, 2017. The Cultural Heritage Landscape Conservation Plan and its related bylaw were passed by council on Jan. 30, 2018, in an effort to further protect Glen Ab-further protect Glen Ab-f bey. These measures aimed at restricting what could be built at the golf course. It regulated the erection, location and use of build- ings and structures to en- sure the heritage attributes of the site were retained. They also required that any proposed development on the property first re- ceive the approval of the town. Although town staff said the protection measures would not interfere with the routine operations of the golf course, ClubLink did not see it that way. ClubLink lawyer Mark Flowers said during the Jan. 30, 2018, meeting that the new rules would not on- ly block the ClubLink de- velopment proposal, but would also prohibit Clu- bLink from building some- thing as simple as a new washroom or an antenna at Glen Abbey. Flowers also said the protection measures would add a new and unnecessary level of bureaucracy for ClubLink to get through if they even wanted to make a minor change to permit the operation of the golf course. He said getting approval for such minor changesfor such minor changesf could take months. Morgan appeared to agree the measures were too restrictive. He argued the conserva- tion plan and related by- laws freeze the property as a golf course contrary to the wishes of the property owner. "There is nothing in the Ontario Heritage Act or otherwise in provincial leg- islation and policy that em- powers a municipality to require a private business - whether it is a cemetery, a NEWS TOWN OF OAKVILLE DEALT ANOTHER COURTROOM SETBACK IN FIGHT TO SAVE GLEN ABBEY GOLF COURSE DAVID LEA dlea@metroland.com Golfers make their way to the green during round two of the 2018 RBC Canadian Open, as the iconic Glen Abbey clubhouse looms in the background. Graham Paine/Metroland See LPAT, page 18