Don’t wait to make changes to protect wetland: North Gwillimbury Forest Alliance
Proposed changes to its watershed development policies may tighten Lake Simcoe Region Conservation Authority guidelines this month.
Revised 12 times since being established in 1984, the authority’s watershed development policies were reviewed and revised to incorporate the Lake Simcoe Protection Act and Plan, as well as reflect regulation 179/06 — implemented under the province’s direction and technical standards to address natural hazard management such as flooding, erosion, dynamic beaches, pollution or the conservation of land with the intent to protect life and property.
The LSRCA’s revised guidelines are being heralded by a local environmental group as a “good thing” by bringing the organization in line with the nine other conservation authorities in Central Ontario regarding development on provincially significant wetlands. But North Gwillimbury Forest Alliance chairperson Jack Gibbons fears a loophole still exists that would allow a Metrus subdivision to be built on lands in the north end of Keswick.
A proposed and approved 1,000-plus registered plan of subdivision, known as Maple Lake Estates, slated for lands owned by Metrus, south of Deer Park Road, has become a test case during the past few years for balancing environmental and development rights under a complex matrix of provincial, regional and municipal planning policy statements and regulations.
Official plan amendments under the Ontario Municipal Board in 1987, a 1988 provincial order-in-council permitting construction and transition policies in the 2010 regional official plan versus development prohibitions under environmental legislation have been debated as to whether or not Metrus can proceed with its application regardless of the wetland.
Despite opposing current legal interpretations from the Region of York, Town of Georgina and planning consultants with the NGFA regarding new official plans and development on designated wetlands, Metrus cannot proceed with its proposed subdivision without a permit from the LSRCA.
Proposed LSRCA policy revisions will prevent Metrus from proceeding with the application, said Gibbons, but he added the alliance hopes the LSRCA board will approve and, more importantly, put those policies in effect immediately rather than a proposed June 1 implementation date, which could allow what Gibbons considers a further “loophole” for Metrus.
Metrus agreed to not submit an application to develop, undertake or proceed with the approved plan of subdivision plan until LSRCA concluded its review and implemented a new policy.
Since that undertaking expires April 30 and LSRCA staff are proposing a June 1 implementation date, the delay could allow Metrus to obtain a permit to proceed with construction, Gibbons added.
That’s because a caveat to current LSRCA watershed development policies allow development on lots within registered plans of subdivision, which would apply to the Maple Lakes subdivision.
“To protect the Paradise Beach-Island Grove provincially significant wetland and the NGF for today and forever, the implementation date for the new watershed development guidelines must be no later than April 30,” Gibbons said.
LSRCA planning and development general manager Rob Baldwin said under existing or proposed guidelines, any landowner can submit an application for a permit.
He refused to speculate on whether or not a permit may or may not be granted without reviewing the application and supporting documentation.
But if an application is submitted under current guidelines, it would still have to meet five tests — involving control of flooding, erosion, dynamic beaches, pollution and conservation of land — in order to be approved, he added.
“While the current guidelines state ‘will grant approval for development on lots within registered plans of subdivision’, the LSRCA has never practiced automatic approval on any application,” Baldwin said.
“We always review applications on an individual and thorough technical.… What I can tell you is that the effective date will be considered by the board of directors at its meeting on April 24.”
In addition, Baldwin said permits are required for development activities in regulated land under Ontario regulation 179/06.
Any landowner, if they so choose, can proceed without a permit, but they would be in violation of the regulation, Baldwin said, adding the LSRCA does not have stop-work powers to prevent or stop any work that a landowner is proceeding with in violation.
“We can issue notice of violations and lay charges under the Provincial Offences Act.”
The alliance, however, says the North Gwillimbury Forest is “off limits” to development and any construction would be “inappropriate, illegal, not in the public interest and neither good nor approved planning under three levels of government.”
“In addition to destroying a provincially significant wetland, the Maple Lake Estates development would drive a stake through the heart of the North Gwillimbury Forest and split it in two.”
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