Aurora
August 16, 2008 09:27 PM
Simone Joseph
A court decision against an Aurora golf course and condo development is “a great step forward”, Councillor Alison Collins-Mrakas says.
Residents in the area of a development on Leslie Street, just north of Bloomington Sideroad have fought to get the application heard by more than just the Ontario Municipal Board, the body that decides on development issues.
This week, a divisional court ruled in residents’ favour.
Previous to this, the municipal board had argued a joint hearing would result in “delay and expense without a discernible benefit”, explains the decision released Wednesday. The divisional court decision disputes this.
“In my view, there is good reason to doubt the correctness of the decision of the OMB,” the statement reads.
The judgment mentions the need for consistent decision making.
Residents are concerned about how building an 18-hole golf course and 75-unit condominium complex will affect the water supply in the area.
The municipal board has argued that while reviewing the Lebovic Homes plan, it would have to consider environmental issues anyway because of its mandate and pointed out an environmental assessment is under way.
The municipal board does not have the authority to make decisions about how much water can be drawn from the area or other decisions relating to water supply.
However, if the plan goes before a joint board that includes the Environment Ministry, it could make decisions about the water supply in the area.
“The consolidated hearing will allow environmental issues to be fully addressed. Anything to do with the environment cannot be looked at in isolation. It is a great step forward,” Ms Collins-Mrakas said.
The town supports residents.
“The town says the environmental issues are so complex a joint board is needed to deal with them in an efficient and expert manner,” according to the decision.
This week’s decision is also significant because it shows there is good reason to debate the municipal board’s approach in other cases, where development planning decisions and water supply decisions were made separately by different bodies, said Mr. Rodney Northey, the residents’ lawyer.
Aurora politicians previously voted to deny approval of the controversial golf course and condo development plan.
Several environmental groups had urged council to reject the application to develop the land, which is part of the Oak Ridges Moraine, asking politicians to consider the possible impact on water supply, for example.
Developer Lebovic Homes argued Toronto Region Conservation Authority wrote letters approving the project and added a high-level environmental assessment had already been done on the project.
Before environmental activists can whole-heartedly cheer this week’s decision, another step remains to ensure the case is heard by a joint board.
This issue must still be brought before a panel of three divisional court judges who will decide if the case will be heard by a joint board.