The Ontario Superior Court of Justice has quashed a conservation plan and related bylaws, which Oakville council put in place to protect Glen Abbey Golf Course from development.
In a decision issued Tuesday, Dec. 11, Judge Edward Morgan said the plan went beyond what the town was legally permitted to do, represented bad-faith decision-making, and was too vague to survive challenge.
A court hearing concerning the conservation plan and its bylaws took place Oct. 22 and 23.
The ruling was well received by Glen Abbey Golf Course owner ClubLink, which is seeking to build 3,222 residential units, including nine apartment buildings, between nine and 12 storeys, on the world-renowned golf course.
“We are reviewing the decision in detail, but we do believe it is consistent with our position all along, which is that these bylaws are not legal and represent a significant overreach by the Town of Oakville,” said Robert Visentin, ClubLink senior vice-president.
The Town of Oakville has issued a statement noting legal staff is reviewing this decision and will report to council early in the new year to seek direction on potential next steps.
ClubLink’s development application has generated significant concern among many residents in Oakville who fear the loss of green space and the amount of traffic the proposed development would bring to surrounding roads.
Town staff have said the proposed development is inappropriate for the 1333 and 1313 Dorval Dr., site, noting it would essentially turn the Glen Abbey Golf Course into an unplanned growth area.
Oakville council voted unanimously on Sept. 27, 2017, to reject ClubLink’s development application.
The Cultural Heritage Landscape Conservation Plan and its related bylaw were passed by council on Jan. 30, 2018, in an effort to further protect Glen Abbey.
These measures aimed at restricting what could be built at the golf course.
