I have written previously about an application to create a wedding and camping venue at south west corner of Hwy 400 and Lloydtown Aurora Rd.  With one exception my concerns can be summarized as questioning conformity with Oak Ridges Moraine Conservation Plan (ORMCP) and the Greenbelt Plan.  In addition I am very worried about the precedent established if any part of the application is approved given the non sanctioned earth works completed by the proponent prior to making the application.  There is a group of residents in strong opposition to the application and have registered as party to OMB which is scheduled to begin November 27.  Council will be taking its position on August. 26. 

Click here for my earlier report on the application.  In the nearly 20 months since I wrote that there have been numerous meeting between the proponent, Mr. Eliopoulos, and Staff as questions & issues have been reviewed.  Many of those questions will have been triggered by peer reviews.  (When a proponent has technical studies & reports done to support an application, Staff sends the report to our consultants to assess if the Township Staff does not have the expertise in house.)  For this particular application there have been additional reports as reports and peer reviews have also been commissioned by residents who oppose the application.

At same time Staff reviewed files to identify more fully to what extent there had been violation of Township by-laws re: earth works and to what extent action had been taken to address reports of violation.  10/15/12 Staff did provide a report on this; you can read it here.  At that point Council asked for “a review of enforcement options available, in context to applicable legislation and activities carried out on the property.”

Although not totally surprised I was very disappointed to hear the Legal advice that our enforcement options are nonexistent because so much time has lapsed.   

Here is an excerpt from Legal.  Based on the facts provided to us by Township staff and our review of the applicable legislation, we are of the view that (i) prosecution of the owner for breach of the Site Alteration By-law under the Provincial Offences Act (the “POA”) is statute barred, given the limitation period set out in subsection 76(1) of the POA; and (ii) there is little or no chance of success in obtaining a mandatory order on an application under Rule 14.05 of the Rules of Civil Procedure.

These conclusions are based upon the following:

The significant lapse of time since the Site Alteration Activities were completed;

2. The Township’s knowledge of the activities during the time they were undertaken;

3. Notwithstanding such knowledge, the Township did not enforce, or seek enforcement, of its Site Alteration By-law; and

4. The activities cannot be characterized as a continuing offence; thus the six month limitation period set out in subsection 76(1) of the POA applies to prevent the Township from laying charges for breach of the Site Alteration By-law.

For these reasons, we recommend that the Township not pursue any enforcement proceedings against the owner for the Site Alteration Activities, but instead focus its resources on the planning applications for the Lands that are currently under review by Township staff. Nothing  in this opinion precludes the processing of these applications and the bringing forward of a report for Council’s consideration at the appropriate time.

Lastly, we note that the Site Alteration By-law was largely administered by outside consultants in its early years. In more recent years trained Township staff have undertaken this role and, commensurate with the increase in their experience and responsibilities, the Township has been able to be much more consistent in the application and enforcement of the By-law.

Given the legal opinion I reluctantly agree that we should not waste our resources on pursuing prosecution; but, we are still left with the question of what can be/will be done with these lands. 

Mr. Eliopoulos has appealed to the OMB.  Pre-hearing was conducted May 30.  Key points/outcomes.

• OMB hearing begins Tuesday November 26
• Residents in opposition have registered as a party to OMB and are represented by David Donnelly
• Council position on the application will be determined at Aug. 26 Council meeting. 

I firmly believe that this application is not just about a wedding and camping facility in King Township.  This application seriously challenges both the Oak Ridges Moraine Conservation Plan (ORMCP) and the Greenbelt Plan.  These two plans are critical to the health and well being of Ontarians as they focus development in the right places so that agricultural land is preserved to grow our food and aquifers and water courses are protected so that we have drinking water.  As I learn more about this application these issues will be my priorities.