Maple Lake Estates Loophole Update
At its September 27th meeting the board of directors of the Lake Simcoe Region Conservation Authority (LSRCA) directed their staff to prepare a report for their October 25th meeting with respect to the Maple Lake Estates Loophole (the LSRCA policy giving blanket approval to development in registered plans of subdivisions in provincially significant wetlands).
Staff were also asked to report on a more transparent approval process for any development application that might be submitted for Maple Lake Estates.
Councillor Phil Craig of Georgina expressed strong support for new and transparent rules that will protect the Paradise Beach-Island Grove provincially significant wetland and the North Gwillimbury Forest. Councillor Craig also believes that the LSRCA should play a leadership role in the upcoming negotiations with respect to a development approvals swap agreement that would allow Metrus Developments to surrender its existing Maple Lake Estates development approvals in return for equivalent development approvals in another location. Mayor Geoffrey Dawe of Aurora urged that staff’s report also address the development swap issue.
Councillor John O’Donnell of Ramara expressed surprise that the 25-year-old Maple Lake Estates subdivision approval was still valid. In response to a question from Councillor O’Donnell, Mike Walters, General Manager of Watershed Management, stated that Metrus has not filed an application for a Section 28 permit that would allow them to proceed with the Maple Lake Estates project. Furthermore, Mr. Walters advised, in responding to a question from Mayor Virginia Hackson of East Gwillimbury, even if Metrus were to file an application today, the time required to process it means that no approval would be granted before the LSRCA’s October 25th board meeting.
We are hopeful that the LSRCA staff’s report for the October 25th board meeting will recommend eliminating the Maple Lake Estates Loophole to ensure that all of the Lake Simcoe watershed’s provincially significant wetlands will be protected to the maximum extent possible according to the laws of the Province of Ontario. We are also hopeful the staff report will recommend that LSRCA take a strong lead in bringing about a Maple Lake Estates development approvals swap.
Text of deputation to LSRCA
“Closing the Maple Lake Estates Loophole”
Deputation by Jack Gibbons
Chair, North Gwillimbury Forest Alliance
To
Lake Simcoe Region Conservation Authority Board Meeting
September 27, 2013
Good morning. I am Jack Gibbons from the North Gwillimbury Forest Alliance. Thank you for the opportunity to speak to you today about section 11.4.1.2 of your Watershed Development Policies. Also known as the Maple Lake Estates Loophole.
The Maple Lake Estates Loophole apparently gives automatic approval for registered plans of subdivision to be built on provincially significant wetlands without regard to:
(i) their adverse ecological impacts for Lake Simcoe and its watershed; or
(ii) how old the registered plan is.
In particular, the Maple Lake Estates Loophole would apparently permit Metrus Developments to proceed with a thousand unit mobile home park on the Paradise Beach-Island Grove provincially significant wetland in the North Gwillimbury Forest.
It is our submission that the Maple Lake Estates Loophole should be repealed for five reasons.
First, it is contrary to the intent of the Conservation Authorities Act.
Second, it is contrary to the mission of the Lake Simcoe Region Conservation Authority, namely, the protection of Lake Simcoe and its watershed.
Third, according to our planning consultant, Anthony Usher, it is not supported by Conservation Ontario’s Guidelines.
Fourth, according to Mr. Usher, it is not required or supported by the Ministry of Natural Resources’ Policies and Procedures.
Fifth, according to Mr. Usher, none of your five neighbouring conservation authorities have a loophole similar to the Maple Lake Estates Loophole.
My friends, Lake Simcoe is our most valuable asset. The preservation of Lake Simcoe and its watershed is absolutely essential for the health and prosperity of our region. And my friends, you have been given
the honour and responsibility to protect Lake Simcoe and its watershed for today and for future generations. As a result, you are legally and morally obliged to exercise your full authority under the Conservation Authorities Act and Regulation 179/06 to protect Lake Simcoe and its watershed.
According to Regulation 179/06 you can only permit development on a provincially significant wetland if “the control of flooding, erosion, dynamic beaches, pollution or the conservation of land will not be affected by the development”.
That is, you only have legal authority to permit development on provincially significant wetlands if you have conclusive evidence to demonstrate that the development will not have an adverse impact on Lake Simcoe and its watershed.
Therefore the Maple Lake Estates Loophole is contrary to the law and sound environmental practices since it permits development on provincially significant wetlands without conclusive evidence to demonstrate that there will be no adverse ecological impacts.
On May 13th the David Suzuki Foundation, Ontario Nature, Environmental Defence, the Rescue Lake Simcoe Coalition, AWARE Simcoe and the North Gwillimbury Forest Alliance wrote to you and asked you to repeal the Maple Lake Estates Loophole.
I am pleased to note that at your May 24th Board Meeting you directed your staff to prepare a report with respect to our request.
Unfortunately, no staff report was prepared for your June board meeting; no staff report was prepared for your July board meeting; and no staff report was prepared for your September board meeting.
Nevertheless, staff is now proposing that you delay making a decision on our request to close the Loophole until your October 25th meeting.
With great respect, further delay is not acceptable. We cannot afford to risk further loss of our provincially significant wetlands by allowing this ill-conceived and inappropriate loophole to persist for another month.
Therefore, I am here today to request that you repeal the Maple Lake Estates Loophole today.
In the alternative, if you are not willing to repeal the Loophole today, the North Gwillimbury Forest Alliance requests you to put a moratorium on the issuing of Section 28 permits for registered plans of subdivision on provincially significant wetlands until you have had time to review your staff’s report on the Maple Lake Estates Loophole.
Thank you for your attention. If you have any questions, I would be pleased to answer them.
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