Puslinch.net logo
MENU
Home
About puslinch.net
About Puslinch
Puslinch Township
Historic Puslinch
A Puslinch Diary
Business Services
Restaurants
Community Services
Get a Web Site
Web Site Hosting
Advertise Here
Puslinch Links
Readers Forum
About the WebMaster
Area Map
E-mail puslinch.net

Report problems to
Webmaster
Iota Logo
Proposed Corwhin Development Goes to Court

Hedley Dimock

The proposed golf course and 225 unit urban subdivision in Corwhin [highway #34 and Watson Road, just east of Aberfoyle] is going to the Ontario Municipal Board for a decision on whether or not it will be allowed in Puslinch. Review and possible decision about the revised plans for the project were on the agenda of the Planning Advisory Committee [who make a recommendation to council] on November 27th. Prior to the meeting, Thomasfield withdrew the proposal saying it was being taken directly to the Ontario Municipal Board [OMB]. An application for severance, zone change, by-law amendment, etc. may be taken to the OMB for a decision if the local council has not made a decision on it within 90 days. Thomasfield chose to use this prerogative to by-pass the Township and County as the proposal had been before Council for many months. The provincial groups and consultants reporting to council had raised quite a number of concerns about the proposal and Thomasfield had revised the proposal in light of their concerns and the second review had just been completed in October.

The Ontario Municipal Board [OMB] interprets the Province of Ontario’s Planning Act on behalf of the Minister of Municipal Affairs and is the final arbiter on planning and development. Usually, one adjudicator [judge] is assigned to a case, although it can be two or three. The hearing is much like a regular court with each side calling witnesses to support their case. However, unlike a legal court case, previous decisions on similar issues do not set a precedent and there is no appeal allowed [except on matters of law]. Before the official hearing starts, the concerned parties meet with a facilitator to sort out the issues involved in the case and try to resolve as many as possible. The length of the hearing is guided by ‘giving all parties a full and fair hearing and their submissions must be considered, but their views may be overruled upon the larger considerations of administrative policy.’ This Puslinch hearing will likely last a few days as there are several complicated issues and many concerned residents have asked to be heard. An evening session is usually scheduled to accommodate hearing the local residents.

The Ontario Planning Act [1990 and revised statutes, 1999.] direct the OMB to "have regard to, among other matters, matters of provincial interest such as..." Sixteen matters are listed and the first two are the protection of ecological systems and the protection of the agricultural resources of the Province. The last one is the appropriate location of growth and development. These, in my reviews, are meant to be considerations as the act says ‘among other matters’ and are to be interpreted by the adjudicator whose decision is final. This system puts a great deal of power and influence in the hands of the adjudicator. The OMB hearing, I’ll guess, will be next spring, will be an exciting and educational experience for many Puslinchers as the reading about it has already been for me.