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Eden Oak developer appeals town's non-decision to tribunal

Staff call appeal 'unfortunate' but note it is permitted if the town doesn't meet the 120-day decision deadline in the planning act
(Stock photo)

Another developer is taking the Town of Collingwood to the Ontario Land Tribunal.

During Monday’s strategic initiatives standing committee meeting, Director of Planning, Building and Economic Development Summer Valentine informed councillors that the developer behind the Eden Oak development (Eden Oak Inc.) slated for 452 Raglan St. had filed an appeal of non-decision against the Town of Collingwood through the Ontario Land Tribunal.

The Eden Oak development is a proposal for 256 single units and 120 multi-unit dwellings on Collingwood's south-east side off Portland Street between Hurontario and Raglan Street (near Poplar Sideroad).

“This is a slightly more unusual circumstance, where we were just wrapping up the peer review process of the background documentation and we’re prepped to move toward a public meeting when the appeal was launched,” said Valentine.

“It’s unfortunate, but it is permitted under the planning act,” she said.

A municipality is required to make a decision on a plan of subdivision application within 120 days, according to the timelines set in the Planning Act.

According to the most recent update on the town’s website on the file which is dated Feb. 8, 2022, the developer had submitted applications for approval of a plan of subdivision and for zoning bylaw amendments. Planning was underway for a public meeting on the project, but it was not yet scheduled.

The Ontario Land Tribunal (OLT) adjudicates matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance, or heritage. When a land owner disagrees with a planning decision made at their municipal council, they have the option of appealing that decision to the tribunal.

An appeal related to non-decision can occur when the town does not meet the deadlines included in the Planning Act for making a decision on a development application.

Valentine said more information on the appeal would be coming to councillors in a report that will be considered in-camera at a later date, at which time staff will ask for direction on next steps.

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Jessica Owen

About the Author: Jessica Owen

Jessica Owen brings 13 years of experience to her role as reporter for Village Media, primarily covering Collingwood and education.
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