Hello Woodparkers,
Below is a summary of a community issue of importance.
The Ontario Lands Tribunal (OLT) met on Wednesday November 16th to begin proceedings into 1047 Richmond Road, the current location of the Metro Chrysler Dealership. The proceedings were initiated by the developer due to the lengthy delay by the City responding to the nearly double the height request for the development as outlined in the 5yr old Secondary Plan.
Ottawa is making a legal claim that the New Official Plan (OP) which came into force on November 4th with modifications by the Province of Ontario “is a repeal and replace”. If it is indeed a repeal and replace of the former OP, then the City cannot entertain any OP amendment for two years.
The next proceeding before the OLT has been set for March 1, 2023. At this meeting, the City plans to consolidate seven similar cases and have the OLT determine if the Province did repeal and replace or just amended the old OP. If the Province amendhe OP, then the merits of the case will be examined. If the Province repealed and replaced the OP, the applicant would have to wait till November 2024 before filing a new application needing an official plan amendment.
The City’s case I believe is strong but it is fraught with challenges. To begin with the City needed to responded in the summer to applicant. And because the City missed this deadline the merits as the community has advocated may not be front and centre within a future adjudication.
The “repeal and replace” of the New Official Plan adopted on November 4 occurred through a declaration from the provincial Ministry of Municipal Affairs and Housing. The preamble of the declaration says it all! It should be noted that the 30-point modification in the document replaced and deleted several areas. The province says it “modifies and approves” the changes- seems to be an absolute statement. The City does not seem to be debating or seeking relief from these modifications.
From the pre-amble of the November 4 declaration, “I hereby approve the repeal of the City of Ottawa Official Plan, adopted by Bylaw 2003-203 and subsequent amendments thereto, pursuant to the City of Ottawa By-law 2021-386. Furthermore, I hereby modify and approve, as modified, the new City of Ottawa Official Plan, as adopted by the City of Ottawa by By-law 2021-386, as follow: “( The remainder of document is the 30-point modifications and maps with urban boundary expansion.) The Woodpark Community Association plans to stay involve and advocate for the Sherbourne New Orchard Secondary Plan of the new Official Plan. Past community members had worked with the City on this secondary plan some 5+years ago. For now, the shadow of the massive development still hangs over us.