Differing opinions on the current flood of appeals to the Official Plan amendments and the zoning bylaw

opiniongreen 100x100By Pepper Parr

March 4th, 2020



The Gazette prides itself on maintaining a comment section. It gives space to people who have no other way of voicing their concerns. Are they always right? Hell no – there are a couple that are close to certified crackpots who entertain if nothing else; see it as our comics section.

The current flood of appeals to the LPAT has arguments on both sides of the issue. The following are comments that deserve a wider audience – thus our decision to publish them as opinion pieces.

Albert Facenda

Albert Facenda, a small Burlington based developer

Albert Facenda responding to Gary and Graham:
Gary and Grahame. You are correct that in 2005/2006 council conceded the downtown to the wishes of the Province. I believe it was the Liberals at the time. Our Mayor ran as a Liberal in 2007. Do we have any evidence that she was opposed to these decisions at the time?

Is she protecting the citizens of Burlington from over development in the downtown core as you have pointed out? I think not.

Environmentalists created the Green Belt with their doom and gloom scenarios. The Greenbelt created the shortage of land, creating Intensification the “Build up not out philosophy.” I don’t like intensification. But I will tell you the town of Grimsby was voted 2nd to Burlington as the best City to live in category. Take a drive through there and you will see construction everywhere. I predict Grimsby will be #1 this year. One of the reasons would be that it is the place to raise your family for those who can’t afford to live in Burlington. Remember what the Mayor said: ”The Downtown is only1% of Burlington” a significant number according to her.

Muir glancing

Tom Muir, once described as “acerbic”

Tom Muir in reply to Anne and David Marsden.
The appeals will be made public in due course. That is how it works.
In any case, what would you folks do with all the details of all the appeals?

This is a huge number of appeals at once and I would think that this was in fact expected by the city, or at the least, not a surprise. Didn’t surprise me.

The quality of the appeals at this stage is largely irrelevant. They seek to change the entire approved development rights for likely the entire downtown and GO station planning areas to what the appellants want. They want more at any cost it seems – it’s that simple.

It is possible to appeal an entire OP and Zoning. This is not about specific applications and proposals. It’s a grab for the whole enchilada, a saturation bombing.

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3 comments to Differing opinions on the current flood of appeals to the Official Plan amendments and the zoning bylaw

  • Alfred Faccenda

    Elan. You do understand that the downtown is a designated Urban Growth Center and an Anchor Mobility Hub, designated by the Provincial Government? Who by the way is elected in a Democratic election process by the people of Burlington ( We had our say ). Yes both the Liberals and the Conservatives were voted in by the citizens of Burlington whom I assume some of them understood that the Province controls development. The Greenbelt, Intensification. are the guidelines established by the Province. That the council must follow. Why are the developers to blame for simply trying to follow the rules that are generally designed to give certainty to both developers and property owners in the area, as to what can be built there. Speculation is buying lottery tickets.

    Editor’s note: Edited – some unacceptable terms used.

  • Penny Hersh


    The developers business is to develop.

    It is the role of staff and council to put in place the necessary by-laws etc. so that the vision of the residents meet the mandate of the Province. This is not an easy task, but if properly done the intensification needed to meet the demands of the Province could have been strategically placed.

    Surely the Director of Planning, Heather MacDonald was aware of the possibility of the developers appealing to LPAT for the changes in zoning, etc. that were passed on January 30th. Residents should have known about this before these changes were approved.

    This City sends out surveys on just about everything that are of little consequence, yet something as important as the ICBL and its ramifications were not even discussed. Was Council as “in the dark” as the residents?

    I think that people have to accept the fact that previous councils as well as this council, may not have been fully informed as to what Burlington residents would have to deal with when they first failed to question the intensification suggestions of the Province and more recently approved the suggestions of the the ICBL study on January 30th.

    I am tired of hearing that for “legal” reasons the Councillors are not allowed to let residents know just what is happening. Is there no-one on Council prepared to stand up and say enough is enough – no more “in camera” meetings, residents need to know what is happening now?

  • Elan

    These appeals are an attempt by Developers to stop Council from devaluaing their speculative investments by redefining what Burllington Citizens want and will allow. Apparently, Developers (Paul Sharman buddies) feel Burlington residents owe them the value they invested when they speculatively purchased downtown properties under the reign of the previous Developer friendly Mayor and Council, which was turfed out, with the hope they could erect 40 story condos. Now, they are trying to TRUMP this up to run out the clock as best they can.

    Citizens should not blame City Council for this naked attempt by Developers to complain they are losing money on their ‘investments’. Unless, all Burllington residents feel obligated to subsidize this cash grab? I think (assume) not. Dont be fooled by this tactic.