A Procedural Order for the “Flewellyn Special Study Area, Quarry and Remaining General Environmental Issues” was issued on May 25, 2011. It had 20 items on its Issues list. That list grew later to 24. A 2-week hearing was scheduled.
Meanwhile, staff had continued discussions with certain appellants, not including Ken McRae or the FGA. A May 12, 2011 staff report proposed revisions to OPA 76 which were significantly modified by Committee. The report as amended was endorsed by Council on May 25, 2011. As a result, several appeals evaporated.
From our 2010-12 Annual Report:
A hearing took place over eight days between June 14 and June 30 (24 issues under appeal). Ken McRae and the Alliance (Amy and Erwin) worked in complementary fashion and the City also fairly defended Council’s decision against several proposals by Cavanagh (the only developer active in this hearing). A Decision was issued on July 21 which left, however, certain wording to be finalized. In the end, Cavanagh sought a one-day hearing (held April 13, 2012) to get direction from the Board on three points remaining in dispute — none involving Flewellyn. A final Decision and Order was issued on April 26, 2012. … In short, regarding the Flewellyn area, it was a stand-off. Close watch remains in order.
Despite the delay in finalization of the OMB Decision, the City proceeded with drafting terms of reference for the first of three studies mandated by the Board’s decision, namely on cumulative effects. A wetland re-evaluation and an aggregates study are to follow. Ken McRae gave excellent feedback on the draft Terms, as did Amy for the Alliance. Ken has deep historical knowledge of the Goulbourn Wetlands area.
The long delay in finalization of the OPA 76 Amendments considered in the “Flewellyn” hearing made making environmental arguments more complex because major policies in support of environmental protection were held up. Chief among those are flood plain policies that conform to the 2005 Provincial Policy Statement, and policies in section 2.4.2 – Natural Features and Functions, that define the components of Ottawa’s Natural Heritage System and set out how they will be protected. All these policies are now law in Ottawa.
For more information, including a summary of the Cumulative Effects Study and further background and history, please visit the City’s web site here.
Documents:
+ The May 12, 2011 staff report and its modifications at ARA Committee.
+ The Alliance’s Opening Statement and Final Argument at the June hearing
+ The July 21, 2011 OMB Decision
+ The April 26, 2012 OMB Decision
+ The June 2016 Cumulative Effects Study (84 pp., 8.8 MB)
+ The new map of the Goulbourn Wetland Complex following its re-evaluation in 2016