Durham DC rehearing

NovæResUrbis VOL 13 - No 12

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In a decision issued February 25, board member Wilson Lee approved a motion by 2135252 Ontario Inc. and CSH (Wynfield) RE Inc. for a rehearing of a July 23, 2009 decision issued by board member Jyoti Zuidema regarding appeals against Durham Region’s development charges by-law.

At issue is whether or not development charges by-laws must be consistent with the Provincial Policy Statement.

The original appeal centred on the classification of seniors housing units under the existing development charges by-law. CSH and 2135252 Ontario argued that the region either should create a separate development charge category for seniors housing, as it falls under the special needs category, or classify such developments as institutional.

In requesting the rehearing, CSH said that levying a higher development charge for seniors’ housing does not encourage special needs housing, though such facilitation is required pursuant to the Provincial Policy Statement.

The board approved the motion, calling for a rehearing. Since a development charge by-law affects planning matters, it is required to be consistent with the Provincial Policy Statement, the board concluded. The rehearing was ordered to determine if the original decision sufficiently addressed such consistency.

Solicitors Brad Teichman (McCarthy Tétrault) and Kevin Ryan represent Durham Region. Solicitors Stephen D’Agostino and Beth Turner (Thomson, Rogers) represent 2135252 Ontario Inc. and CSH (Wynfield) RE Inc. (See OMB Case No. DC080008.)