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[26 May 2016 | Comments Off on Land use, First Nation concerns on display during Day 2 of Burl’s Creek OMB hearing | ]

On the second day of the Ontario Municipal Board (“OMB”) hearing regarding the Burl’s Creek Event Grounds archaeological issues and First Nations concerns were explored by Chief Keith Doxsee representing the Montagnais Metis First Nation, and David Donnelly, counsel for SaveOro and West Oro Ratepayers’ Association (“WORA”).
Under cross-examination, Jamie Lemon, who prepared a Stage 1 archeological assessment for Burl’s Creek, said both the Huron-Wendat Nation and Ministry of Tourism, Sport and Culture wrote in separate letters dated May 19 saying the temporary zoning by-law should not go forward until after …

Environmental Law, Featured, Land Use Planning Law, News, Publications, Uncategorized »

[25 May 2016 | Comments Off on Lengthy opening day at Burl’s Creek OMB climaxes with tense cross examination | ]

On Tuesday May 24, 2016 the Ontario Municipal Board (“OMB”) hearing on the temporary use by-law application for Burl’s Creek Event Grounds begun.
The hearing began with Burl’s Creek calling Mr. Henry Regelink, an Oro-Medonte farmer, Sgt. Guiseppe Pileggi, an OPP Officer summonsed by Burl’s Creek, a brief introduction by Mr. Darren Vella, a land-use planner for Burl’s Creek, and Mr. Peter Thoma, a land economist and market expert.
Most notably, Mr. Thoma had told the board it was not reasonable to put the Wayhome and Boots & Hearts festivals anywhere else …

Environmental Law, Featured, Land Use Planning Law, News, Publications »

[17 Mar 2016 | Comments Off on Private Prosecution of Republic Live Continues | ]

Donnelly Law represents a private informant in a private prosecution, now against Republic Live Inc. only, for charges related to the WayHome Music and Arts Festival and Boots and Hearts Music Festival.  We appeared in court on Monday, March 14, 2016.  Read the Orillia Packet and Times article here.
The next scheduled court appearance is April 11, 2016.

Environmental Law, Featured, Greenbelt, Land Use Planning Law »

[30 Jan 2016 | Comments Off on David Donnelly Speaks at Simcoe County Greenbelt Townhall | ]

David Donnelly was invited to speak at a meeting sponsored by the Simcoe County Greenbelt Coalition and AWARE Simcoe, along with Barrie Mayor Jeff Lehman, Liberal Barrie MPP Ann Hoggarth, Conservative MPs John Brassard (Barrie-Innisfil) and Alex Nuttall (Barrie-Springwater-Oro-Medonte), and Oakville Mayor Rob Burton.
Lawyer David Donnelly noted that, according to land economists at the provincial Ministry of Municipal and Housing, Ontario has designated enough land to accommodate its projected employment and residential needs until 2041.
“There is no danger of running out of developable land,” Donnelly said. So the logical conclusion …

Environmental Law, Featured, Land Use Planning Law »

[15 Jul 2015 | Comments Off on Donnelly Law Client: SaveOro and West Oro Ratepayers’ Association | ]

On Tuesday, July 14, Oro-Medonte Council denied Burl’s Creek Event Grounds’ special event permit application to allow camping and parking on mostly prime agricultural land.  Council did, however, issue a special event permit for the 92-acre concert site.
David attended a rally against the special event, organized by SaveOro, reminding residents the proposed special events on prime agricultural land are illegal.
Read more here:

Environmental Law, Featured, Greenbelt, Land Use Planning Law »

[26 May 2015 | Comments Off on Donnelly Law Client Featured in Radio Canada Story | ]

Donnelly Law represents Ms Gillian Evans and Mr. David Toyne, residents of Upper Cold Creek in Vaughan, Ontario.  On May 22, 2015, Radio Canada covered Ms Evans and Mr. Toyne’s appeal to the Ontario Municipal Board, where they are seeking an appropriate buffer to protect the ongoing operation of their multi-generation family farm from residential development adjacent to the farm.
Read about it and watch the video here.

Environmental Law, Featured, Greenbelt, Land Use Planning Law, Law & Policy Reform, News »

[2 Dec 2014 | Comments Off on Greenbelting Halifax: One Step Closer to Reality | ]

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 …

Featured, Land Use Planning Law, News »

[24 Oct 2014 | Comments Off on David Donnelly Comments on Development in Midhurst | ]

Development plan divides Simcoe County village
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 …

Environmental Law, Land Use Planning Law, News »

[24 Jul 2014 | Comments Off on Donnelly Law Clients Host Meeting to Bring Awairness About Fill | ]

Local activists fight “tsunami of soil” at Tottenham Airfield
Wendy Gabrek
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 …

Environmental Law, Featured, Land Use Planning Law, News »

[11 Jun 2014 | Comments Off on Ontario Court of Appeal Rejects Appeal, City of Burlington Can Enforce Fill By-law and Protect the Environment | ]

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 …