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Report To: Planning and Development Committee
Date of Meeting: October 2, 2017
Report Number: PSD-073-17 Resolution:
File Number: 18T-89007 By-law Number:
Report Subject: Extension to Draft Approval for 19 Estate Residential Lots
Recommendations:
1.That Report PSD-073-17 be received;
2.That the extension to Draft Approval for 18T-89007 be supported subject to the
Conditions as contained in Attachment 2 to PSD-073-17;
3.That the Durham Regional Planning and Economic Development Department,
Municipality of Port Hope and Municipal Property Assessment Corporation be
forwarded a copy of Report PSD-073-17 and Council’s decision; and
4.That all interested parties listed in Report PSD-073-17 and any delegations be
advised of Council's decision.
#PD-183-17
Municipality of Clarington
Report PSD-073-17 Page 2
Report Overview
The report recommends an extension to draft approval for an Estate Residential Plan of
subdivision in the eastern portion Clarington for a period of twelve months to October 17, 2018.
1. Application Details
1.1 Owner/Applicant: OHM Newtonville Inc.
1.2 Proposal: 19 lot estate residential subdivision
1.3 Area: 32 hectares
1.4 Location: Part Lot 1, Concession 2, former Township of Clarke
(see Figure 1)
1.5 Roll Number: 030-010-05610
1.6 Within Built Boundary: No
Figure 1: Subject Property
Municipality of Clarington
Report PSD-073-17 Page 3
2. Background
2.1 At the May 2, 2016 Planning and Development Committee considered Report PSD-033-
16 and directed staff to prepare an addendum to PSD-033-16 for the Council meeting of
May 24, 2016 (see Attachment 1). Both reports considered the implications of Conditions
of Draft Approval from the Municipality of Port Hope on the Draft Approved Plan and
extension to Draft Approval for a period of eighteen months to October 17, 2017. The
report also recommended that if the plan was not registered by the expiry date no further
extensions be granted.
2.2 By way background, in 1992 the Region of Durham, the approval authority at the time,
issued Draft Approval. The Region did not include expiry dates on Conditions of Draft
Approval. In 1995, the Region delegated subdivision approval to local municipalities. In
2011, an amendment to draft approval was issued by only adding a three year expiry
date. The expiry dates are imposed to ensure the conditions meet current policies and
guidelines. In 2014, a further extension was granted to April 2016.
2.3 The subject property is identified as Protected Countryside in the Province’s Greenbelt
Plan of 2005. The approvals for this development were granted prior to the Greenbelt
Plan and Provincial Policy Statement coming into effect in 2005 and as such development
could proceed provided the Conditions of Draft Approval can be satisfied. To motivate the
Owners to fulfil the conditions and register the plan before October 17, 2017, staff
recommended that no further extensions be granted.
2.4 The lands have now changed ownership. On September 5, 2017, staff received an email
request for an extension to Draft Approval until March 31, 2018.
3. Discussion
3.1 Since the extension in 2016, the lands were sold to OHM Newtonville Inc. The new
owners have since advanced the project by fulfilling various Conditions of Draft Approval.
A Design Brief has been prepared and the exterior architectural elevations have been
approved on a preliminary basis by the Municipality’s control architect. The first
engineering submission has been reviewed by Engineering staff and the Conservation
Authority and the Ministry of Transportation. According to the applicant’s consulting
engineer, the second engineering submission will be forthcoming within the next few
weeks. This represents considerable financial commitment by the new owners.
3.2 It is recommended that a twelve month extension be granted. The new owners are
motivated to fulfil the Conditions of Draft Approval. Should the conditions lapse, a new
Draft Plan of Subdivision would not be entertained as it would not be consistent with the
Greenbelt Plan, Durham Regional Official Plan and Clarington Official Plan.
Municipality of Clarington
Report PSD-073-17 Page 4
3.3 If Council concurs with one further extension of draft approval, the Director of Planning
Services will issue a Notice of Decision advising interested parties of the decision and
advising of the appeal date which is 20 days after the decision is made, for anyone
wishing to appeal. The applicant would be responsible for all costs associated with
defending the extension to Draft Approval in the event of an appeal.
4. Conclusion
The Owners are working to fulfil conditions of draft approval and register the plan. If an
extension is not granted the conditions will lapse and the draft approved plan will expire.
It is respectfully recommended that the extension of draft approval for 12 months, being
October 17, 2018 be approved.
5. Strategic Plan Application
Not applicable.
Submitted by: Reviewed by:
David J. Crome, MCIP, RPP Andrew C. Allison, B. Comm, LL.B
Director of Planning Services CAO
Staff Contact: Cynthia Strike Principal Planner, 905-623-3379 ext. 2410 or
cstrike@clarington.net
The following is a list of the interested parties to be notified of Council’s decision:
Melissa Pimentel, OHM Newtonville Inc.
Theodhora Merepeza, Municipality of Port Hope
Clerk, Municipality of Port Hope
Robbie Laroque, D.G Biddle
Cathy Clarke
Ministry of Transportation
GRCA
CS/ah
I:\^DepaM\Application Files\SC-Subdivision\18Ts\18T-89007 Clarke\Staff Reports\Staff Report 2017\PSD-073-17 Extension of Draft Approval Report.docx