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DN: PD~23-99
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
Date:
Monday, March 22, 1999 .
File #j)\4'~>0.cr7oS'6
Res. #C:>\>I'\ - J ';lS-'19,
Meeting:
General Purpose and Administration Committee
Report #:
PD-23-99
FILE #: DEV 97-058 By-law #
(X-REF: COPA 97-008 & ROPA 97-020)
Subject:
ONTARIO MUNICIPAL BOARD PRE-HEARING CONFERENCE
AMENDMENT NO 49 TO THE DURHAM REGIONAL OFFICIAL PLAN
AMENDMENT NO.9 TO THE CLARINGTON OFFICIAL PLAN
PROPOSED ZONING BY-LAW AMENDMENT 98-118
PROPOSED SEVERANCE LD 327/98
PAULA LISHMAN INTERNATIONAL LIMITED
FILES: DEV 97'()58 (X-REF: COPA 97-008 AND ROPA 97-(20)
v
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD-23-99 be received;
2. THAT Council provide direction regarding the Municipality's participation at the
scheduled pre-hearing conference on the appeals of the Planning approvals for the
applications submitted by Paula Lishman International Ltd.
1. BACKGROUND
1.1 Paula Lishman International Limited submitted the following development
applications:
. application ROPA 97-020/D, proposing an amendment to the Durham Regional
Official Plan (DROP) in order to introduce a Rural Employment Area;
. application COPA 97-008, proposing an amendment to the Clarington Official
Plan (COP) in order to implement the requested amendment to the Durham
Regional Official Plan;
. application DEV 97-058, proposing an amendment to Comprehensive Zoning
By-law 84-63, of the former Town of Newcastle, in order to implement the two
aforementioned Official Plan amendments; and,
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REPORT NO.: P0-23.99
PAGE 2
. application LD 327/98 proposing to sever, from the applicant's total land
holdings, the lands to which the various amendments would apply.
1.2 The approval of these applications have been appealed to the Ontario Municipal
Board (OM B) by the following parties:
. Amendment No. 49 to the DROP:
Linda Gasser
Bill Woods
Robert and Jean Kingsley
c
. Amendment No.9 to the COP:
Tunney Planning on behalf of
Paula Lishman International
Limited
. By-law 98-118:
Linda Gasser
Bill Woods
. LD 327/98:
Robert and Jean Kingsley
Marlene Spruyet
A one day pre-hearing conference has been scheduled for 10:00 a.m. on April 14,
1999 at the Municipal Administrative Centre. The purpose of the pre-hearing
conference is to identify the parties to the hearing, the scope of the issues and the
time required for a hearing. The Board will then issue procedural directions for the
parties.
1.3 In 1989, Council adopted a policy which requires a developer to pay the
Municipality's legal costs for participating in OMB Hearings when the Municipality
was supportive of the development proposal. The policy is as follows:
"THAT the applicant/owner of all development applications shall be required to
bear the Town's legal cost for an Ontario Municipal Board Hearing in situations
where his application is either approved or recommended for approval by Town
Council; and
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REPORT NO.: PD.23.99
PAGE 3
THAT prior to an Ontario Municipal Board Hearing, the applicant shall provide a
Letter of Undertaking to the Director of Planning and Development agreeing to bear
the Town's legal cost in the ensuring Board's Hearing. In the event the applicant
fai Is to do so, the Director reserves the right not to participate in any Ontario
Municipal Board Hearing in support ofthe applicant."
1.4 In January of 1999, the Acting Director of Planning forwarded a letter to Bill
Lishman of Paula Lishman International Limited advising of the policy and asking
Mr. Lishman to submit a Letter of Undertaking agreeing to reimburse the
Municipality for its legal costs. The letter also indicates that the Municipality
reserves the right to not participate in the OMB Hearing
1.5 As of the date of this report, Mr. Lishman has not responded and his agent indicated
that his client is not willing to pay for the Municipality's legal cost.
2. COMMENTS
2.1 In the case of a minor hearing of a matter where the Municipality approved an
application, the Municipality has generally not been represented by legal counsel.
In these situations, the applicant has subpoenaed planning staff to testify in support
of their application. However, given the significance of the Lishman application for
the Municipality and the possible complexity of such a hearing resulting in
considerable legal costs, it is not appropriate for the Planning Director to make such
a commitment.
2.2 In a complex hearing, there may be subtle differences in positions and there may be
an evolution of positions as the parties work to reach a settlement or scope the
issues to be litigated. In a hearing of this magnitude, it has been the Municipality's
practice to be represented by legal counsel.
2.3 It is not possible for staff to estimate the costs of legal services given that the scope
of the hearing has not been settled.
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REPORT NO.: PD.23.99
PAGE 4
3. CONCLUSION
3.1 If Council wishes to be represented as a party at the hearing the following
recommendation is proposed:
That staff and the Municipal Solicitor be authorized to appear before the
Ontario Municipal Board at the April 14, 1999 pre-hearing conference and
any subsequent Hearing of the Board in support of Council's decisions with
respect to the various applications.
If Council does not wish to be represented at the upcoming hearing the following
resolution should be approved:
That staff and the Solicitor not attend the Ontario Municipal Board pre-
hearing conference on April 14, 1999.
Respectfully submitted,
Reviewed by,
Or~_~fIw
Franklin Wu, M.C.I.P., R.P.P.
Chief Administrative Officer.
Da i J Crome, M.C.I.P., R.P.P.
Acting Director of Planning & Development
WM*DC*df
11 March 1999
604