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CORPORATION OF THE TOWN OF NEWCASTLE
PLANNING AND DEVELOPMENT DEPARTMENT L.L. KRISTOF,M.C.I.P.,Director
HAMPTON,ONTARIO LOB UO TEL. (416)263-2231
TO: Chairman & Members of the REPORT NO. P-36=79
Planning & Development Committee DATE: March 1 , 1979
SUBJECT: Newcastle Village Zoning By-law Number 73-15
Our File Number Z-0-4-1
As you are aware, the Newcastle Village Zoning By-law has
never been approved by the Ontario Municipal Board. Because a zoning
By-law does not come into force without the approval of the Ontario
Municipal Board, it is imperative that steps be taken to insure that
the Newcastle Village Zoning By-law is submitted to the Board.
Because the By-law has been enforced by the former Village
of Newcastle and subsequently by the Town of Newcastle, because the
By-law was circulated by the former Village of Newcastle, and because
it is imperative that Ontario Municipal Board approval be given to
the By-law as soon as possible, it was decided to investigate the
feasibility of requesting the Ontario Municipal Board to approve the
By-law without further hearing. Accordingly, on September 25, 1973,
Council adopted the following recommendation of the Planning and
Development Committee:
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"It was recommended to Council that the Town Solicitor
be authorized to apply to the Ontario Municipal Board
for approval of former Village of Newcastle Restricted
Area By-law 73-15, with a proper description of the
background of this by-law, and ask the Ontario Municipal
Board to dispense with a Hearing. "
By letter dated November 1 , 1978, Mr. Sims advised this
department that the Ontario Municipal Board would not likely dispense
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with a public hearing in this regard, and recommended "that the
original Restricted Area By-law and the amendments thereto be sub-
mitted to the Ontario Municipal Board for approval " . It was our
understanding that this would be done by Mr. Sims, pursuant to the
direction of Council .
However, the attached letter indicates that Mr. Sims recom-
mends that the By-law be submitted to the Ontario Municipal Board
by the Town Clerk, in accordance with the normal procedures. Since
Mr. Sims is of the opinion that the Ontario Municipal Board would not,
and indeed could not, approve the subject By-law without further public
notice, we can see no reason for the By-law to be submitted to the
Board by the Town's Solicitor. However, we would like to retain the
of a soli0 for j
option of obtaining the services/in this matter if it becomes necessary.
Recommendation:
It is, therefore, recommended that:
1 . The Town Clerk be requested to submit By-law 73-15 of
the former Village of Newcastle to the Ontario Municipal
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Board for approval , together with all amendments thereto
which have been approved by Council to date, and all j
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relevant support material , and
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2. that staff be authorized to obtain the assistance
of the solicitor in this regard if and when such
assistance is deemed necessary.
Respect ully submitted,
NJF:lb Leslie L. Kristof, M.C.I.
Director of Planning & velopment
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OF THE TOWN OF NEWCASTLE
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OFFICI OF Th-1to '1-'OWN CLERI<
Y; T( LEPHON r4 E 623 3s
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t'Ob' MANVILLE, ON-(Aft IQ
LIC 3A6
January 17th, 1979
Mr. David J.D. Sims, QmCn JAN Ito 1179
Sims Morton McInerney & Brady
117 King Street PLAINN0,10' '"ARNENT
P.O. Box 58 { YO M 611fl, MGM
Whitby, Ontario LIN 4Zl
Dear Mr. Sims:
Re: Village o F Newcastle
Official. Plan
Your File. No. 5260
Thank you for your letter doted January 12th, 1979
regarding Village A Newcastle Zoning By-law.
Your letter has been referred to the Director of
Planning and Development for a report and recommendation
to the Planning and Development Committee.
We shall advise you of action taken in due course,
Yours very truly,
A 1 . Mcllroy, AI,MW(: K �
If t Clerk
AD ;1 f
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c.c. Director of Planning c, Developlimn/
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Sims 1"Oleton !Wcl"Icizv"_�kf f", 111. MMIUN
RARRISTERS & SOLICITORS WC NI(INERNEY
J& 11PADY
WAL MWA
January 12th, 1979
J . M. McIlroy , AWC .T ,
Clerk
P C
Corporntion of the Town of Newcastle ,
40 Temperance Street ,
Bowmanville , Ontario
Dear Mr . McIlroy : Re : Village of Newcastle
Official Plan -
Our File No . 5260
Unfortunately some confusion appoars to have
arisen with respect to the Ontario Municipal Board
approval of the Village of Newcastle Restricted Area
By- law and amendments thereto ,
I Was 00giDally asked to make an application
to the Ontnrio Municipal Board for an order dispensing
with the hearing . In my letter to Mr . Kristoff, dated
November Ist , 1978 , a copy of which is oncloscd , t
suggested that the Ontario Municipal Board would not
dispense with the hearing and I recommended that the
original restricted area by- law and amendments thereto
be submitted to the Ontario Municipal Board for approval
in the normal coursu ,,
I gather that there has been some confusion as
to whether or not the by- law and amendments should be
submitted by myself or by your. office . I would recommend
that they he forwarded by your office in accordance with
the normal procedure followed in theso matters .
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Yours ruly ,
David J . D . Sims
DJDS : cAi
Encl ,
1" j" "PrUT. WHITBY, ONTARIO LIN •ZI BOX: 3581ELENIONE: 668.7704