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Licensed Medical Devices Establishment We will always happily honour our local competitor's prices. I n fo@accessab i l i t i e s .ca www.accessab i l i t i e s .ca Glen Abbey Golf CourseGlen Abbey Golf CourseG owner ClubLink has opened a new front in its struggle to develop the Oakville land- mark. The golf giant announced in late December that it hasin late December that it hasi filed an application with thefiled an application with thef Ontario Superior Court of Justice to quash the heritageJustice to quash the heritageJ designation currently in place at Glen Abbey. During a Monday, Jan. 7, special council meeting, Oak- ville councillors voted unani- mously to fight this attack on the designation.the designation.t The vote gives the town so- licitor authority to retain ex-licitor authority to retain ex-l ternal legal counsel, as need- ed. A court date has yet to be set. "Council believes it was correct in its decisions," said Oakville Mayor Rob Burton. "It is willing to fight to prove that." The council decision was well received by Fraser Da-well received by Fraser Da-w moff, a spokesperson for the Save Glen Abbey Coalition. "The fact is, Glen Abbey is heritage," he said. "Throughout the years, the case has been made thatthe case has been made thatt Glen Abbey more than sur-Glen Abbey more than sur-G passes the minimum criteria for historical recognition ...for historical recognition ...f We at Save Glen Abbey fullyWe at Save Glen Abbey fullyW support efforts made by Oak- ville council to protect Glen Abbey."Abbey."A Oakville council voted unanimously to designateunanimously to designateu Glen Abbey Golf Course aGlen Abbey Golf Course aG property of cultural heritage value or interest, under thevalue or interest, under thev Ontario Heritage Act, on Dec. 20, 2017. The designation, which Burton said was years in the making, was intended to identify the property's heri- tage attributes and provide some level of protection from alterations. It also threw a wrench into ClubLink's plans to build 3,222 residential units, 69,000 square feet of commercial/ retail space and 107,000retail space and 107,000r square feet of office space on the property.the property.t ClubLink officials have pointed out 50.11 hectares (54 per cent of the total site) would be made up of publiclywould be made up of publiclyw accessible green space. ClubLink's development application has generatedapplication has generateda significant concern among many residents in Oakville who fear the loss of greenwho fear the loss of greenw space and the increased amount of traffic the pro- posed development would bring to surrounding roads. Town staff have said theTown staff have said theT proposed development is in- appropriate for the 1333 andappropriate for the 1333 anda 1313 Dorval Dr., site, noting it1313 Dorval Dr., site, noting it1 would essentially turn thewould essentially turn thew Glen Abbey Golf Course intoGlen Abbey Golf Course intoG an unplanned growth area. The town's cultural heri- tage landscape strategy, which sought to protect andwhich sought to protect andw preserve local heritage icons, identified Glen Abbey Golf Course as a priority property in 2016. in 2016. i Prior to the heritage desig- nation, the Town of Oakville carried out a cultural land- scape assessment, which found the property to have lo-found the property to have lo-f cal, provincial and national significance. A review of Glen Abbey Golf Course by Ken Moodie, director of golf course archi- tecture and consulting firm Creative Golf Design, has found key attributes, includ-found key attributes, includ-f ing the "spoke-and-wheel" de-ing the "spoke-and-wheel" de-i sign of the golf course, which is the designed layout of the holes. He also called it an impor- tant early example of a stadi- um-style golf course.um-style golf course.u The town also retained Ju- lian Smith, of Julian Smithlian Smith, of Julian Smithl and Associates Architects, to provide a detailed analysis of the cultural heritage value ofthe cultural heritage value oft the Glen Abbey property.the Glen Abbey property.t In his report, Smith called Glen Abbey one of the mostGlen Abbey one of the mostG significant works by one of golf's most significant fig-golf's most significant fig-g ures, Jack Nicklaus. Smith also noted the golf course's association with the Canadian Open has given it international significanceinternational significancei and ties to many of the lead- ing figures in the sport.ing figures in the sport.i He called it a landmark not only within Oakville, but across Canada and abroad. ClubLink lawyer Mark Flowers has previously called the heritage attributes listed by the town in the No-listed by the town in the No-l tice to Designate "vague and overreaching."overreaching."o He argued the town is im- properly using the Ontario Heritage Act to dictate how the Glen Abbey property willthe Glen Abbey property willt be used in the future. "It appears that the inten- tion of this proposed attribute would be to require the own-would be to require the own-w er to maintain the property as a golf course on a perma- nent basis, and to do so to a standard that would be capa- ble of hosting 'championship golf,'" wrote Flowers.golf,'" wrote Flowers.g He went on to state that sustaining the property in this directed condition wouldthis directed condition wouldt cost ClubLink an estimated $2 million per year. ClubLink's application to quash the heritage designa- tion follows its two recent vic- tories before the Ontario Su- perior Court of Justice. On Oct. 25, 2018, Judge Ed- ward Morgan sided with Clu-ward Morgan sided with Clu-w bLink, noting the company has the right to take its demo- lition application for Glenlition application for Glenl Abbey to the Local PlanningAbbey to the Local PlanningA Appeal Tribunal (LPAT).Appeal Tribunal (LPAT).A The town had rejected this demolition application and argued ClubLink could not appeal the decision to LPATappeal the decision to LPATa because of the golf course's designation under the Onta- rio Heritage Act.rio Heritage Act.r The town was hit with an- other courtroom setback on Dec. 11, 2018, when the same judge quashed a conserva- tion plan and related bylaws, which Oakville council hadwhich Oakville council hadw put in place to protect Glen Abbey Golf Course from de-Abbey Golf Course from de-A velopment.velopment.v In his decision, Morgan argued the conservation plan and related bylaws freeze the property as a golf course con- trary to the wishes of the property owner. He said there is nothing in the Ontario Heritage Act thatthe Ontario Heritage Act thatt empowers a municipality to require a private business torequire a private business tor keep running as a business.keep running as a business.k It is unclear what impact these decisions will have onthese decisions will have ont this latest ClubLink chal-this latest ClubLink chal-t lenge. The Town of Oakville has appealed both of Morgan's de-appealed both of Morgan's de-a cisions to the Ontario Court of Appeal. CLUBLINK TAKES AIM AT OAKVILLE'S GLEN ABBEY GOLF COURSE HERITAGE DESIGNATION DAVID LEA dlea@metroland.com NEWS