August 27, 1998
To:Scarborough Community Council
From:H.W.O. Doyle
City Solicitor
Subject:Ontario Municipal Board Decision
The Morningside Heights Landowners' Group
Appeal of OPA 974, Motion Decision
Our File No. GHE3 10073
Purpose:
To advise of the decision of the Ontario Municipal Board with respect to the above-noted matters.
Recommendations:
It is recommended that this report be received for information.
Background:
At its meeting of July 8, 1998, Council determined, among other things, that the City Solicitor should oppose any attempt
by the Town of Markham and the Regions of York and Durham to require that a north/south interregional road link be
provided through this 600 acres of undeveloped property. In an effort to provide for this link between Highways 407 and
401, the two Regions and the Town of Markham brought a Motion before the Ontario Municipal Board which was argued
on June 23, 1998. The moving parties requested that Official Plan Amendments 990 and 722, passed by the former City of
Scarborough Council, which deleted most major roads through the Rouge Park and Morningside Heights area, should be
consolidated and heard at the same hearing as the land use issue scheduled to begin October 19, 1998.
The City and landowner opposed the consolidation on the basis that it would be a waste of the Board's time to consider the
road issue in the absence of a funding proponent for the link. The Board issued its decision on August 11, 1998, and agreed
with the City's position and determined that since the Province was not prepared to declare a Provincial interest pursuant to
Sections 23(1) or (2) of the Planning Act, the Board was "not prepared to assume the task of grandmaster and super-umpire
in an information vacuum". As such, the Board determined that OPAs 990 and 722 will not be consolidated with the
Morningside Heights hearing and the only road issues to be adjudicated will be the layout of local roads. A copy of the
decision is attached hereto.
Contact Name:
Brendan O'Callaghan, Solicitor
Planning & Administrative Tribunal Law
Tel: (416) 392-7786
Fax: (416) 392-0024
H.W.O. Doyle
City Solicitor
Legal Services
