Legal Services Department - Town of Caledon

REPORT DP-2012-081
� The proposal represents good planning, as the proposed use is compatible with
the surrounding land uses and will maintain the character of the site, as it is
proposed within an existing building.
Therefore, Staff is of the opinion that the application is consistent with Comprehensive
Zoning By-law 2006-50, as amended.
FINANCIAL IMPLICATIONS
There are no immediate financial implications resulting from the adoption of this report.
LEGAL IMPLICATIONS
Under the Planning Act, once an application for rezoning is deemed complete Council
has 120 days to make a decision. If Council fails to make a decision, an applicant has a
right of appeal to the OMB. In this case, Penretail’s application was deemed complete on
July 15, 2011 and Penretail filed an appeal on July 13, 2012. Once an appeal is filed, the
Board is required to hear the appeal and dismiss it or, make an order amending the bylaw
or direct that the Town amend the by-law as it sees fit. Jurisdiction remains with the
Board until a final decision is made unless the appellant withdraws its appeal.
If Council supports the rezoning application, they may direct staff to appear before the
OMB to express Council’s support and provide evidence regarding the planning merits of
the application. Although the final decision will be made by the Board, Council’s position
as expressed by staff will be taken into consideration.
At the present time the only parties to the litigation are the Town and Penretail. Unless
additional parties request status before the Board, it is likely that the rezoning will be
approved based on a joint submission. If however additional parties are granted status,
the matter will likely proceed to a full hearing on the merits if a settlement is not reached.
NEXT STEPS
� Staff will appear before the OMB in support of the Penretail rezoning application
as directed by Council.
COMMUNITY BASED STRATEGIC PLAN
Goal 2: Complete our Community of Communities
Facilitate development of a safe, beautiful, connected and vibrant community of
communities based on sound planning principles.
� Strategic Objective 2D: Manage Growth and Use Land Wisely
Promote land use planning decisions that are rooted in innovative and sound
planning principles and ensure:
� Caledon’s urban rural character is maintained;
� Growth does not compromise the character and stability of existing residential
neighbourhoods; and
� Growth is in keeping with Caledon’s ability to provide and maintain
appropriate infrastructure.
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