We are extremely disappointed and frustrated to inform the residents of Belfountain community and our supporters that we have received a pro development Decision from the Ontario Land Tribunal regarding Manors of Belfountain subdivision.
After waiting a year, we received a hundred-page Decision from the OLT. Member Best found the decision of the NEC to approve the NEC Permit with conditions was correct, subject to the conditions agreed to by the parties. Even though the developers proposal was hypothetical until it was approved by the tribunal, the Decision notes that “despite the alternatives presented by the BCO for the consideration of the Tribunal, the Tribunal does not evaluate hypothetical alternatives, nor does it measure the proposal under appeal against such alternatives, but rather against the relevant legislation and policy framework.” Essentially this means the BCO was never heard.
The proposed development consists of a 75-lot privately serviced residential plan of subdivision to be constructed in two phases with street access to Shaws Creek Road. Phase 1 is proposed to include 48 residential lots. Phase 2 is contingent on acceptable water quality from a well monitoring program following build out of Phase 1 and includes 27 residential lots. Making Phase 2 contingent on Phase 1 does reflect our concerns regarding the impact of water quantity and quality for the Belfountain community and the impact on the brook trout and habitat in the village. Notwithstanding some effort by the Town to achieve these protections, the lion’s share of the credit results from our delivering credible experts and evidence to substantiate the effort needed to implement these monitoring and mitigation measures, and especially to achieve the phasing requirement of “no go” without protection of the environment.
Several key factors affected this case that are not mentioned in the Decision but left the BCO as the only opposition to the subdivision proposal. The Provincial government removed planning responsibility from the Region of Peel, so they are no longer responsible for water quality which prevented them from having a reason to participate in the case. The Provincial government’s Bill 23 removed the Credit Valley Conservation’s ability to provide evidence on natural heritage and water quality.
The Town of Caledon municipal government made a deal with the developer behind closed doors and decided to reverse their opposition to the subdivision and not to place any additional contingencies on it. The developer received full town support through settlement on the Draft Plan of Subdivision, and no objection was made to the NEC Development Permit. It can be fairly said that the BCO, on a reading of the Town’s Manors of Belfountain position in the Decision, has absolutely no idea, what if anything, the Council made of whatever evidence, and opinions of its advising planners. There is no public planning report supporting Council’s position. This secrecy by the Town became a major challenge for the BCO. The Town of Caledon Council’s decision was made without considering the decades of qualified concerns and hundreds of thousands of dollars in donations made by Town of Caledon residents and their supporters. The Town failed us miserably.
There are a few outcomes in favour of the residents of Belfountain reached by the Tribunal in this Decision, the Tribunal order includes a significant number of conditions regarding protection and treatment of water quality, some of which go farther than any subdivision approval conditions in our counsel’s experience.
- Phase 2 contingent on Phase 1 water quality testing
- 12+ years environmental monitoring post-construction
- Greywater recycling (targeting 25% aquifer stress reduction)
- Strict stormwater management and infiltration requirements
- The owner will enter into a tri-party subdivision agreement with the Town and Region, and a Development Agreement with the NEC.
We have asked David Donnelly to summarize the one-hundred-page OLT Decision for us. You can read that HERE. You can read the full decision HERE.
Although the Belfountain Community Organization lost its case for 38 lots in total, the Decision established an exceptionally high benchmark for environmental protection in subdivision approvals—largely due to credible expert opposition testimony.
We would like to take this time to recognize and thank the residents of Belfountain and our supporters, current and past, that have continued to fight for our very special homes, environment, and water. To those who donated to allow our voices to be heard at the tribunal, we are extremely grateful. We appreciate the hours of work and dedication by our advisors, experts, current and past BCO Board members, and legal counsel.
Warm Regards,
The Belfountain Community Organization
