By Pepper Parr
February 21st, 2023
BURLINGTON, ON
There is some progress on the Millcroft development issue.
The case is now at the Ontario Land Tribunal (OLT) . A Case Management Conference will take place online on March 7th at 10:00 am.
The primary objective of this hearing is to obtain a list of key issues from the Parties and their experts to allow OLT to assess the complexity of the case.
The CMC will also determine the expected duration of the proceedings.
The advisors, both legal and planning experts as well as people who are experts in storm water management have advised MAD that it the CMC will likely be two to three weeks in duration and be heard at the end of 2023 or early 2024.
Millcroft Against Bad Development (“MAD”) is one of two community organizations fighting the plans the developer has for the golf course.
MAD has been given “party status” which allows them to present evidence and to question the experts that that the developer has hired.
The City of Burlington had not taken a position on the case before the November meeting of the OLT which made it difficult to move forward.
On December 13th council unanimously rejected the portion of the application proposing development on the golf course; the City did, however, approve the proposed condominium along Dundas in principle.
Consequently, the City will participate in the CMC, bringing forward a list of their issues, as well their experts to testify at the hearing. While the decision of Council has been made public, the remainder of the council meeting, as well the material provided by City staff and other experts, were all “in camera” and therefore not publicly available (which is the City’s policy whenever a matter is before OLT).
MAD has developed its issues list to present at the CMC, based upon our professional advisors’ guidance (legal counsel Weir Foulds, planner Allan Ramsey and a stormwater expert). MAD will engage experts in Planning, Stormwater, Natural Heritage, and Traffic. MAD will also receive the other parties’ issues lists and proposed experts.
MAD has said they will announce their fundraising strategy after the March 7th OLT hearing.
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