North Gwillimbury Forest: Interim Control Bylaw legal and necessary

From NGFA February 22 2012

An Interim Control Bylaw (ICB) to restrict development in wetland and significant woodland areas of the North Gwillimbury Forest, including the Maple Lake Estates (MLE) property, can be f ully justified on legal grounds, according to our lawyer, Leo Longo.

 Responding to opinions offered by Town of Georgina staff and its lawyer about the legal basis for enacting an ICB,Mr. Longo points out that York Region’s new Official Plan unequivocally protects the North Gwillimbury Forest’s wetlands and significant woodlands. Mr. Longo also notes that the Region’s Official Plan does not in any way exempt or defer the MLE lands from the application of these new environmental policies.

Mr. Longo also cites a strong legal precedent for a lower-tier municipality, such as Georgina, providing interim protection for sensitive ecological areas while it’s in the process of amending its Official Plan to conform with stricter protections in a new Regional Official Plan.

Town Council is scheduled to hear deputations on March 25th from Mr. Longo and others about our request for an Interim Control Bylaw for the MLE property and seven other sections of the North Gwillimbury Forest.

 

From NGFA February 5 2012 

At the January 28, 2013 Town of Georgina Council meeting, the Town’s lawyer, Michael Bigioni, once again made the astonishing assertion that York Region’s new Official Plan does not prohibit development on Maple Lake Estates’ provincially significant wetlands and its significant woodlands. It’s as if Mr. Bigioni has not readthe Region’s plan, which clearly states on pages 20 and 22 that development isprohibited in Georgina’s wetlands and significant woodlands.

As our planning consultant Tony Usher notes in his response to Mr. Biglioni’s statements, “It remains my understanding that the obligation to conform to the Regional Plan applies equally throughout the North Gwillimbury Forest, and that no individual property is excluded from that obligation.” Mr. Usher adds that “I was surprised that Mr. Bigioni mentions that Maple Lake Estates is mostly not subject to the Regional Greenlands policies, but doesn’t mention that the property is mostly subject to the equally or more restrictive wetlands and significant woodlands policies.”

In response to my deputation at the Jan. 28th meeting, Town Council has deferred making a decision on our request for an Interim Control Bylaw with respect to Maple Lake Estates and seven other sections of the North Gwillimbury Forest until they have heard legal submissions from our lawyer. At a later date, our lawyer and local residents will have the opportunity to make oral submissions to Town Council with respect to the need for an Interim Control Bylaw to protect the North Gwillimbury Forest.

Town Council also heard an excellent deputation from William Shore of Sutton on why forest fragmentation and destruction leads to a rise in Lyme Disease. To read Mr. Shore’s speaking notes, see our Facebook page.

The North Gwillimbury Forest is 3.5 times larger than Vancouver’s Stanley Park. Working together, we can persuade Town Council to save this huge forest for today and future generations