Update: Glen Abbey Public Meeting Update - Pay Attention

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At the Glen Abbey Public Meeting on January 7th, Councillor did not cry uncle.

Council directed the solicitor to oppose ClubLink's Application to overturn the Heritage by-law. They accepted the following:

Recommendations:

  1. That the Notice of Appearance filed on behalf of the Town of Oakville dated December 19, 2018, that the Town intends to respond to the ClubLink Application to Quash the Glen Abbey Golf Course Heritage Designation By-law 2017-38 be confirmed.
  2. That the Town Solicitor be directed to oppose the ClubLink Application to Quash the Glen Abbey Golf Course Heritage Designation By-law 2017-138 and be authorized to retain external Legal Counsel as needed and take any other actions necessary for that purpose in accordance with the report from the Legal Department dated January 2, 2019.

The vote was unanimous.

Original Post: January 4, 2019

On Monday, January 7th Oakville Council issued a notice for a Special Glen Abbey Public Meeting. The discussion will focus on the steps outlined by staff resulting from Justice Morgan's ruling. The meeting takes place in Halton Region's Council Chambers.

On December 11th, Justice Morgan overturned the following:

  1. Cultural heritage landscape (CHL) Conservation Plan By- law
  2. Ontario Heritage Act Delegation By-law,
  3. Amendments to the three existing by- laws (not the heritage designation By-law, which was not before the Court in this matter).
  4. Conservation Plan for the Glen Abbey Heritage Property

Also on December 11th, Council received a confidential report about Justice Morgan's December decision seeking instructions on that decision.

It is the opinion of External Legal Counsel and Town Legal Staff that the Heritage Designation By-law is:

  1. legal
  2. passed in good faith
  3. not vague
  4. properly passed in accordance with the applicable provisions and required procedures under the Ontario Heritage Act

Glen Abbey Public Meeting Staff Recommendation

The Council's options are confirming the Notice of Appearance and either instruct the Town Solicitor to:

Oppose the ClubLink Application to overturn the CHL By-law

OR

Not oppose the ClubLink Application

Town Legal Staff formulated recommendations confirming the Notice of Appearance and to oppose the Application including retaining external Legal Counsel as needed.  It also included that Legal Counsel take whatever other actions are necessary in that regard.

Time Line

January 2014

The adoption of a CHL study.

March 2015

A staff report identified Glen Abbey Golf Course  as a potential location for CHL and suggested further assessment.

October 2015

ClubLink presented to the town its intention to redevelop the Glen Abbey Golf Course for a mix of residential, retail and office development

February 2016

A land use planning study included a CHL evaluation of the Glen Abbey Golf Course. Council enacted a control by-law which restricted Glen Abbey Golf Course land uses.

Council enacted an interim control by-law to review a completed study.

May 2017

The Ontario Municipal Board upheld the interim control by-law.

The Glen Abbey Golf Course property met the criteria for designation under the Ontario Act Heritage, outlined in a report presented to council.

August 2017

Council approved the issuance of a Notice of Intention to designate the entire Glen Abbey Golf Course as a CHL

September 2017

Council refused ClubLink’s official plan and zoning by-law amendment applications for Glen Abbey Golf Course.

November 2017

Town issued Court application to determine the Ontario Heritage Acts rights and jurisdiction. The application was heard in July 2018 and the decision released in October is being appealed by the Town.

December 2017

An approved by-law designated the Glen Abbey Golf Course property as a CHL.

January 2018

Council approved a CHL Conservation Plan for the Glen Abbey Heritage Property.

Council enacted a CHL Conservation Plan By-law and a new By-law to repeal and replace a by-law that delegates to Planning staff certain authority to grant approvals under the OHA.

February 2018

ClubLink commenced a Court application to over-through:

  1. Conservation Plan
  2. CHL Conservation Plan By-law
  3. OHA Delegation By-law
  4. amendments to the three existing by-laws

The application was heard in October and the decision released on December 11, 2018

December 17, 2018

ClubLink issued and served the Town with a Superior Court of Justice application.

Why attend?

The Special Glen Abbey Public Meeting provides insight on what is driving the decisions being made by Town Council.

Meeting Information

Location: Halton Region Council Chamber, Halton Regional Centre, 1151 Bronte Road, North of the QEW.

Time: 7:00 PM