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Developer to appeal decision to refuse proposed Penetanguishene subdivision

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In Council Watch
May 1st, 2018
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Mayor Gerry Marshall

by Andrew Mendler Midland Mirror

Penetanguishene could have to spend up to $300,000 on legal fees to defend the decision to reject a residential subdivision proposed for 30-acres of woodland between Fox Street and Church Street.

Queen’s Court Development Ltd. is appealing council’s decision to refuse the draft plan of the subdivision and associated zoning bylaw amendment to the Ontario Municipal Board – a quasi-judicial body that deals with development proposal appeals.

The developer estimates a hearing will require witnesses in planning, engineering, environment, hydrogeology and traffic fields.

“Council made this decision…and it should be in the 2018 budget. We need to find a way to fund it out of this year,” said Mayor Gerry Marshall. “It would be totally unfair to burden the 2019 council with a $300,000 decision made by this council.”

Council committee passed a motion to add the $300,000 to the town’s tax levy, which will result in a tax rate increase of just over half a per cent.

Staff are not entirely clear which process the appeal with be governed under, as the OMB became the Local Planning Appeal Tribunal as of April 3. They suspect the plan for the subdivision will be through the OMB process.

A hearing isn’t expected until late 2019.

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