23| O akville B eaver | T hursday,N ovem ber 1,2018 insidehalton.com THE CORRECT OFFER IS: 15% off select designer watches Exclusions apply. See store for details. Offer valid Friday, Nov. 2 to Sunday, Nov. 4, 2018. PAGE 3 OFFER: 25% off select designer watches Exclusions apply. See store for details. Offer valid Friday, Nov. 2 to Sunday, Nov. 4, 2018. THE CORRECT OFFER IS: 15% off other small appliances by BRAUN and DELONGHI (see page 28 for exclusions) PAGE 29 OFFER: 50% off other small appliances by BRAUN and DELONGHI (see page 28 for exclusions) We apologize for any inconvenience this may have caused. CORRECTION NOTICE Flyer Date: November 2 to November 8, 2018 ON NOW AT THE BRICK! SAVING YOU MORE For more details go instore or online @thebrick.com. demolition application can be appealed to LPAT. "The evidence is that the golf course was construct- ed in accordance with Jack Nicklaus' professional de- sign. It is not raw land, and it is substantially more than a landscaped garden. As ClubLink points out, portions of the course have been renovated and rebuilt over time, and like all such constructions these fea- tures have a limited life," said Morgan. "Counsel for ClubLink emphasizes the evidence in the record of substantial ir- rigation infrastructure, subsurface drainage con- struction, earthwork spec- tator mounds or berms, ar- tificial reservoir ponds, complex designed greens constructed in accordance with specific United States Golf Association stan- dards, engineered bun- kers, paved cart paths, etc. All of these features re- quire installation, physical maintenance, periodic ren- ovation, and elaborate con- struction. ClubLink sub- mits that features that need to be constructed are structures that can be de- molished." Morgan also pointed out that in 2001 the federal gov- ernment issued a tax bulle- tin recognizing the most identifiable features of a golf course - greens, tees, fairways - are man-made surface constructions and are depreciable assets. "If constructed golf course features are depre- ciable, they cannot be land or landscape, but rather are something constructed on the land or landscape," said Morgan. "The Alberta Govern- ment Municipal Board has used this logic to conclude that golf courses are struc- tures for the purposes of municipal tax assess- ment." News of the justice's de- cision was well received by ClubLink. "The court reconfirmed that the heritage act has built in protections for property owners that must be respected," reads a statement from the compa- ny. "The right of appeal available for Section 34 ap- plications to demolish is one such protection, which ClubLink, as property owner, has a right to ac- cess. A heritage designa- tion does not derogate from these protections ... This decision is consistent with case law across the coun- try. Golf courses and other entities like ski hills, land- fills, drag strips, have been previously recognized as distinct from land and as structures in various con- pany's applications to de- velop Glen Abbey Golf Course. texts including in the areas of tax and planning." A date for the LPAT hearing concerning Clu- bLink's demolition appli- cation has yet to be set. The Town of Oakville continues to fight Clu- bLink's proposed develop- ment of Glen Abbey Golf Course on a number of oth- er fronts. A second LPAT pre- hearing conference will be held Nov. 29-30 with re- spect to ClubLink's appeal to council's Sept. 27, 2017 decision to refuse the com- NEWS 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 THE ISSUE: JUSTICE SAYS CLUBLINK HAS RIGHT TO TAKE DEMOLITION APPLICATION TO LPAT LOCAL IMPACT: OAKVILLE MUST NOW CONSIDER ITS OPTIONS, INCLUDING APPEAL STORY BEHIND STORY: ClubLink wants to demolish Glen Abbey Golf Course and build more than 3,200 residential units and nine apartment buildings. The proposed development was rejected by council based on planning and heritage merits. ClubLink attempted to appeal the decision to LPAT. The town's designation of the property under the Ontario Heritage Act, however, prevented it to do so. The matter ended up in Superior Court in July. The justice's decision is the latest in this developing story. Turn headline: Court decision represents a setback to the Town of Oakville's efforts to preserve course. Continued from page 22 Bid Now Bid Now forBiG SAViNGS at www.Rotaryonlineauction.ca Help Yourself with Big Discounts & Help Us Help Others Bid NOW Bid NOW Bid NOW at www.Rotaryonlineauction.ca November 3-17, 2018 THank YOU to the following Rotary supporters: Home Depot- 905 815 5003 Sheridan College- 905 815 4150 ashlin Leather - 905 855 3027 Bronte Movers - 905 847 9638 Instant Imprints - 905 815 8296 Oakville Beaver - 905 845 3824 Jackson Financial Planning Group - 289 245 1003 William B kerr, Barrister - 905 842 8600 TE LL YO UR FR iEN dS