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Georgina alliance challenges LSRCA to protect wetlands

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In Lake Simcoe Region Conservation Authority
Oct 6th, 2013
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By Heidi Riedner Georgina Advocate Oct 03, 2013 
The Lake Simcoe Region Conservation Authority is being challenged by the North Gwillimbury Forest Alliance to take a leadership role to protect provincially significant wetlands from development.
To do that, the LSRCA needs to eliminate what the Alliance considers a loophole in its development policies and also help bring about a swap of development rights that would prevent a 1,000-plus home subdivision from being built in the North Gwillimbury Forest in the north end of Keswick.
But at least one member of the LSRCA board says the decision to save or lose the forest lies with the province.
To date, development giant Metrus has not filed an application with the LSRCA for what is called a Section 28 permit for lands it owns and plans to develop with 1,000 homes on a 494-acre parcel of land northwest of Baseline Road and Woodbine Avenue.
But the Alliance argues the permit could be used to allow the development company to proceed with its Maple Lakes Estates project.
Referring to the permit as a Maple Lakes Estates loophole, Alliance chairperson Jack Gibbons said the it provides automatic “blanket approval” for development in registered plans of subdivisions in provincially significant wetlands.
In a deputation to the LSRCA board Sept. 27, Mr. Gibbons asked the board to repeal the section 28 permit in its development policies and also urged it to take a leadership role in bringing about a swap of Metrus’ development rights.
A development approvals swap agreement would allow Metrus Developments to surrender its existing Maple Lake Estates development approvals in return for equivalent development approvals in another location, which would protect the Paradise Beach-Island Grove provincially significant wetland and the North Gwillimbury Forest, added Mr. Gibbons.
LSRCA member and Georgina Councillor Phil Craig said he would support a change in LSRCA process and policy if an upcoming LSRCA staff report confirms points raised by the Alliance’s planning consultant, Anthony Usher.
Mr. Usher argued five other neighbouring conservation authorities do not automatically issue Section 28s and allow more public input in situations where long dormant development rights are reactivated.
If that is the case, Councillor Craig said it would be a convincing argument for the LSRCA to open up its procedures.
LSRCA staff were directed to investigate the issue and bring a report back to the board Oct. 25.
But Councillor Craig also requested the LSRCA examine laying its considerable political weight behind ongoing discussions with the province to facilitate a development rights land swap within Georgina and, thereby, save the forest.
“Whether they will, remains to be seen, but I have my fingers crossed,” he said.
Progress has been made in that area, despite the fact the Alliance refused to come to the table when talks were held between interested stakeholders to find a workable solution that would balance environmental protections with development rights, added Councillor Craig.
“Unfortunately, the NGFA refused to come to the table, so trying to untie the Gordian knot went ahead without them.”
The province’s willingness to participate in the negotiation process is a necessary first step toward facilitating the approvals that will be necessary for any alternative development for Maple Lake Estates, said Georgina Mayor Rob Grossi after meeting with the Minister of Municipal Affairs and Housing, Linda Jeffrey, May 22.
“Reaching out to the province is essential because potential alternatives could require amending the Greenbelt Plan.”
Councillor Craig says he personally does not want to see the forest cut down and he is sure other members of Georgina’s town council feel the same way.
Having said that, he adds he felt “hogg tied” when the Allince requested last year the town pass an interim control bylaw to freeze development on the Maple Lake Estates land for up to two years.
If council had created an interim bylaw, the town would have had to defend its position at the Ontario Municipal Board, which, in the opinion of legal staff and many other experts, the town would have lost, he added.
“It would have been money – lots of it – down the drain,” Councillor Craig said.
It is only through the province that a development rights swap can be made, he added.
“I am willing to throw what weight I can behind the movement to convince them to allow the swap because I believe it is the right thing to do.”
Mr. Gibbons remains hopeful the LSRCA staff report for the Oct. 25 board meeting will recommend eliminating the Maple Lake Estates loophole to ensure 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.
He also wants to see a recommendation that sees the LSRCA leading a charge for a development approvals swap.

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