WHFITBY FREI -PRETSS, WIDNSDAYN INI17,1981, PAGE 3 Developers will use planing- report to appeaU1 By MICHAEL KNELL development proposais Free Press Staff within tlie region. Those in opposition to '"'.... the amount of the development of growth proposed by this Brooklin expressed amendment for their fears in a loud and Brooklln would virtually clear manner last Wed- replace development nesday. elsewhere in the reglon, However, they did not specifically that already make much of an im- slated and approved in pact as members of the Port Perry urban Durhiam Regional area," Pepino said in Council gave their ap- lier letter. proval to a proposai ta "Clearly, this would develop Brooklin from a severely and directly hamlet of 1,600 people impact our client's in- into a town of 10,500 by terests, tliereby forcing First City Developmen- it to pursue its objection ts Corporation Ltd. ta the Ontario Municipal Althougli the objec- Board," she continued. tors did not win their Ribcor Holdings' case bef are regional position seems ta be council, tliey have the borne out by the riglit to appeal ta higlier region's commissioner authorities, most of planning, Dr. Mofeed notably the Ontario Michael. Municipal Board In a report ta council, (0MB). Michael states clearly The two main objec- that "growth in tors ta (the plan were two Brooklin would virtually other development replace development companies, Ribeor that would occur Holdings, Inc. and RDF elsewhere in the Company Ltd. region. " Ribcor Holdings Inc., Appearing before co- a landowner in the ur- uncil, Pepino said tbat ban area surrounding lier client had long stan- Port Perry, was ding "vested riglits" in represented by Jane development in Port Pepino of the Toronto Perry, riglits that law firm of Jarvis, should be executed Blott, Fejer and Pepino. before any development In a letter, Pepino ad- occurs in Brooklin. vised regional council She also pointed out that her client will oh- that in 1974 Brooklin's ject ta the officiai plan population was 1,800 amendment granted to First City before the 0MB on the grounds that the Brooklin development will have I Ii1uIî II an adverse effect on Let's run around together. 21 HRVOODAE . Pam7aPa(llonPe Brooklndecision to 0MB while in 1981 that figure lias failen to 1,600. Pepino said that this was "typical of what is happening throughout the region. " Ribcor's legal counsel described the develop- ment as "an under- taking that would, frankly, re-invent the wheel." "Growth going to Brooklin would eut out growth in other designated urban areas," Pepino con- cluded. A position similar to Ribcor's is being taken by RDF Company Ltd., that lias development plans for lands within the Town of Whitby. Legal counsel for RDF, Roger T. Beaman of another Toronto law firmn, Thomson, Rogers, told couneil in a letter that "there is no doubt that the Brooklin proposai would act as an interceptor to develop- ment which would normally occur in the southern areas of the region ....." The letter goes on to say that every possible effort should be made to provide for growth in an organized and orderly fashion proceeding from the built up areas. "Leapfrogging of development makes no sense at ail particularly wliere the development in Brooklin would sum- ply replace develoment ply replace develop- ment elsewhere in the region. No net gain resuits from t.he shift of development 'from one liand to another,"' lie continued. RDF Company owns 87 acres of land in the area of Coclirane Street and Rossland Road that, wliule unserviced, has been designated as residential in the Whit- by officiai plan since 1973. According to David Greenspan, a solicitor from the same finm, RDF offered to pre-pay for thie extension of ser- vices to their land in thie same manner in whicli First City is offering for Brooklin. Greenspan said that thie company's offer was turned down. He added that lie did not under- stand why RDF was not allowed to extend ser- vices, at its own coat, a distance of 120 feet when First City is being allowed to pre-pay the extension of services over a distance of four miles. However, Whitby Mayor Bob Attersley told regional council tliat lie was unaware of any offer by RDF Com- pany in this regard. Greenspan replied saying tliat the offer liad been made to senior staff. 4"We're just asking for equal treatment," the lawyer said after lis *çouncil presentation. "Equal treatment means being given the same opportunity to f ront-end fund the mainline trunk services tha t are necessary. " During tlie council debate, strong op- position to First City's proposai came from Regional Councillor Ed Kolodzie (Oshiawa) wliose arguments followed those of Green- span and Pepino. Kolodzie went as far as to say tliat the decision to be made was not based on planning or financial principals and that it could- be suc- cessfully cliallenged at the 0MB. "We're not making a planning decision, we 're makinga political decision," lie said. "We're not making a legal decision, we're making a political decision. " The maverick Oshawa politician told his colleagues that if tliey were to inake a decision based on plan- ning principles and policy, then the report from the planning staff sliould be adopted. "If we were talking a planning decision, then we should be supporting Dr. Michael (the plan- ning commissioner)," Kolodzie contlnued. Pepino said late last week that no decision had been miade as to wlien to file tlieir ap- peals wlth the 0MB. Greenspan's intentions were not known at press tixne. Another appeal against the proposai is also expected to be fiied by two Oshawa pQliticians but no an- nouncements have been made. 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