Articles in the Land Use Planning Law Category
On November 17, 2014, Halifax Regional Municipality (“HRM”) issued a Request for Proposal (“RFP”) for a qualified firm to “go beyond the conventional parks planning approach” to develop HRM’s Greenbelting and Open Spaces Priorities Plan. Donnelly Law will review the Greenbelting RFP to ensure HRM Staff is ambitious with its plan to protect and connect HRM’s natural heritage, cultural landscapes, open spaces, and agricultural lands.
Our HRM Alliance, a group of organizations from the Halifax area, envisions a Greenbelt that establishes a permanent development boundary around Halifax to control sprawl, reduce …
Development plan divides Simcoe County village
RACHEL MENDLESON / TORONTO STAR
In a rural village in Simcoe County, concerned residents have turned the municipal election into a referendum on growth, and to some extent, the province’s efforts to limit sprawl in the fertile farmland north of the protected Greenbelt.
However, according to environmental lawyer David Donnelly, who has been involved in a number of land-use battles in Simcoe County, the special rule is “one of the most extreme examples in Ontario of ministerial discretion being used (to) bypass planning laws designed to limit …
Local activists fight “tsunami of soil” at Tottenham Airfield
The New Tecumseth Times
July 23, 2014
On Tuesday, July 15th the group ‘New Tecumseth, Caledon, King – Citizens for Clean Water’ (or NTCK–CCW, formerly the Tottenham Citizens for Clean Water) held its first General Meeting at the Tecumseth Pines Community Centre.
The event was well attended – with standing room only – and focused on the quality of fill being dumped at the site of the Tottenham Airfield Corporation (or TAC), owned by John Bailey of Brownfield Developments of Toronto, on Hwy. 9 …
Burlington Airpark Inc. (“Airpark”) is the owner and operator of the Burlington Executive Airport, an aerodrome, located in the City of Burlington within the Protected Countryside Area of the Greenbelt Plan and adjacent to the Niagara Escarpment Plan Area.
For over five (5) years, Airpark has been bringing substantial quantities of fill onto their property to build up their runway.
In the spring of 2013, the City of Burlington issued an order to Airpark to comply with fill by-law 6-2003. The City of Burlington by-law 6-2003 states:
“No person shall place or dump …
On February 24, 2014, the Ontario Government released the Provincial Policy Statement, 2014 (“PPS 2014”), not previously updated since 2005. The PPS 2014 is Ontario’s foundational land use planning policy: all decisions affecting land use planning decisions in Ontario “shall be consistent” with the PPS.
Now, for the first time, the PPS includes references to Aboriginal people. This is a watershed inclusion that removes persistent flouting of the constitutional duty to consult with Aboriginal communities in the Planning Act. Donnelly Law had litigated and advocated on behalf of its former …
On January 27, 2014, the Ontario Municipal Board (“OMB”) denied a planning application submitted by Mr. Peter Eliopoulos to allow a massive outdoor wedding/banquet facility in King Township in the Countryside Area of the Oak Ridges Moraine Conservation Plan (the “ORMCP”). The decision was featured in the Toronto Star, with David Donnelly saying:
“Putting large-scale, car-dependent commercial activities in some of the most beautiful and natural country in southern Ontario would have been a big mistake,” said lawyer David Donnelly, who represented local residents at the OMB hearing. “If you believe …
Environmentalists cheer Oak Ridges Moraine decision
The Toronto Star
February 11, 2014
“Putting large-scale, car-dependent commercial activities in some of the most beautiful and natural country in southern Ontario would have been a big mistake,” said lawyer David Donnelly, who represented local residents at the OMB hearing. “If you believe that King Township is horse country and not paintball country, then this is a big decision for the Oak Ridges Moraine.”
Read the Toronto Star article on this victory achieved by Donnelly Law’s client the Stewards of the Moraine Inc., here.
On January 27, 2014, the Ontario Municipal Board (the “OMB”) issued its most recent decision involving lands in the protected Oak Ridges Moraine Plan Area in King Township (Case Number PL130137). The hearing involved an Official Plan Amendment and zoning by-law application to rezone land in the Oak Ridges Moraine Countryside Area , to permit an outdoor banqueting facility, a children’s camp and related accessory uses. Donnelly Law represented the Stewards of the Moraine Inc. (the “Stewards”), a party opposed to this application.
The OMB decision considers whether the proposal to use …
Donnelly Law’s next hearing is set to begin November 25, 2013 in King Township. Here is a bit of background, published in Environmental Defence’s Greenbelt Watch newsletter.
The Ontario Municipal Board is set to hear an important case regarding whether to allow future development on the Oak Ridges Moraine, beginning November 23, 2013. The hearing will take place in King Township, the site of a proposed 600-person outdoor banquet/event facility, bed and breakfast, and children’s camp for 200 campers. The proposal was unanimously rejected by King Township Council in August 2013. …
King residents oppose banquet facility on Oak Ridges Moraine
The Toronto Star
August 25, 2013
“A controversial proposal to build a banquet facility on prime agricultural land on the Oak Ridges Moraine could test the limits of the protections in place for southern Ontario’s so-called “rain barrel.””
Read the Toronto Star article on this proposal, opposed by Donnelly Law’s client the Stewards of the Moraine Inc., here.