HomeMy WebLinkAboutPD-25-82 CORPORATION OF THE TOWN OF NEWCASTLE
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PLANNING AND DEVELOPMENT DEPARTMENT D.N. SMITH, M.C.I.P.,Director
HAMPTON, ONTARIO L013 1 J0 TEL. (416)263-2231
REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE
MEETING OF FEBRUARY 22, 1982
REPORT NO. : PD-25-82
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SUBJECT: APPLICATION FOR SITE PLAN APPROVAL BY JOHN A.V.
BOLAHOOD, PART OF LOT 9, CONC. 2, WEST SIDE OF
MEARNS AVENUE, BOWMANVILLE
File No: S-P-2-29
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RECOMMENDATIONS:
It is respectfully recommended that:
1 . This report be received by the Committee; and
2. That application for Site Plan approval
S-P-2-29, submitted by Mr. John A. V.
Bolahood be denied as the proposal is not
considered to be in conformity with the
applicable Official Plan policies and
designations.
BACKGROUND:
The subject application for site plan approval was received by
staff on January 14, 1982. The applicant, Mr. John Bolahood,
is proposing to erect a "light industrial building" in
accordance with the existing "M1" light industrial zone
provisions as set out in By-law 1587 (of the Former Town of
Bowmanville).
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COMMENTS:
The lands subject to this application are designated
"Residential Area" in both the Provincially approved Durham
Regional Official Plan and the Bowmanville Urban Area Plan,
which was approved by Newcastle Council in June of 1981 .
However, the zoning in effect, which predates both Official
Plans, zones these lands "M1 , Light Industrial Zone".
Report No. : PD-25-82 Page 2
This application for site plan approval brings to light a
situation very similar to one that has been the subject of a
recent court case in the Regional Municipality of
Ottawa-Carleton. In that case, as in this one, the proposed
use for a parcel of land was not in conformity with the
Regional Official Plan. However, the use was considered to be
permitted by the zoning by-law of the Area Municipality which
predated the approval of the Official Plan.
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The original decision in the "Ottawa-Carleton case", one which
was upheld in the Court of Appeal , was that by virtue of the
Regional Municipality of Ottawa-Carleton Act, there is a
statutory obligation imposed upon the municipality to amend
its by-laws to bring them into conformity with the Regional
Official Plan. In the interim, the Court decided that the
(Area) Municipality should refuse any application for a
building permit which does not conform to the Official Plan of
the Regional Municipality. Section 59(4) of the Act to
Establish the Regional Municipality of Durham states, in
effect, that when the Minister has approved an Official Plan
adopted by Regional Council , every zoning by-law in effect
shall be amended forthwith to conform therewith.
By virtue of Section 59(4) and in keeping with the
"Ottawa-Carleton decision", staff believe that the Town has no
choice but to deny the application in question as it is not in
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conformity with the applicable approved Official Plan
Policies.
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Report No. : PD-25-82 Page 3
Due to the major problems with Official Plan conformity
outlined above, this application has not been circulated for
comments, as is normally the case.
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It may be of interest to note that the lands in question were
the subject of an earlier application for rezoning to permit
the development of three "estate type" residential lots. This
application (Z-A-2-6-5) was denied by Council due to
non-conformity with the applicable Official Plan designations
then in effect. Not only were the proposed uses not in
conformity in that case, but the method of servicing was also
contrary to the Official Plan requirement for full municipal
services. Report P-72-81 , which describes that rezoning
application, is available for review in the Planning
Department offices.
Respectful ly-'submi tted,
T. T. Edwards, M.C.I .P.
Director of Planning
FA:mjc
February 5, 1982
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