Quote:
Originally Posted by someone123
Well, once council makes a decision on this one it can be appealed to the NSUARB, which is similar to the OMB. This entire process has taken years for some proposals, which means that every developer has to worry about that possibility. The 6-12 month approval timeline outside of HbD is a best-case scenario.
Based on the comments you'd think the developer is proposing Fenwick II. There's a serious lack of perspective -- the same old South Enders like to make as much noise as they can about as many developments as they can. If they got their way the city would effectively be stuck in 1980.
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This, x20000.
Also, you can only appeal a decision of the OMB, if the board made an error of law. That's typically not what's at stake in a planning decision. It's usually a question of fact-- based on expert opinions, etc.
By contrast, according to the UARB FAQ, you can appeal the UARB to either the Supreme Court or the Court of Appeal, depending on how you'd like to challenge. Each of those court decisions, could lead to further appeals, cross appeals, further motions, etc, etc. The Supreme Court can be appealed to the Court of Appeal and the Court of Appeal to the SCC. That can take years to settle.
So: the whole problem with the traditional DA process, was the risk, from the get go, that you could be tied up in litigation for years and years, fighting a well funded / wealthy / faux outrage machine, like these wealthy Sound End property owners and their various advocacy vehicles, whether its the Heritage Committee, Heritage Foundation, STV, Friends of whatever they are friends with this week.
That is the chill on developments. And we're seeing them here, out in full force, making a mockery of the proposal process, making clowns of themselves.