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"The principal issue for the Board is whether or not the proposed
amendment conforms to the Official Plan and represents good
planning." |
"The evidence on
the proposed amendment conforming to the existing official plan was
quite brief. Mr. Joseph Phalen, the Manager of Land Use Planning
Projects with the City of Ottawa gave evidence in support of the
amendment for about 45 minutes. ...The brevity of evidence on the
Plan conformity comes into sharper focus when it is realized that this
was a three week-long hearing with an evening session."
"He
(Mr. Phalen) was candid
in stating that
he had not seen the evaluation
Table F-1 that was the
basis for selecting the pipeline alternative until he appeared at
the hearing."
"The planner
(Mr. Michael Wright)
called by the appellant
detailed how
the proposed pipeline did not
conform to either the Provincial Policy Statement or the Official Plan.
He explained how the pipeline was contrary to Section 1.1.2(b) of the
Policy Statement which states that
land use patterns will be based
upon "densities which:
efficiently use infrastructure, avoid the need for unnecessary and/or
uneconomical expansion of infrastructure".
The planner went through
several sub-sections of the Official Plan in
Sections 3.7, 4 and 10.3 dealing
with servicing for a rural area, economic activity, and the
establishment of a waste management or transfer facility in a rural area
respectively and
explained how the proposed amendment does not conform to those sections
and sub-sections of the Official Plan.
He spent some time in explaining how the
proposed pipeline amendment does
not conform to sub-section 4.1.2.8 which states,
"Support innovative
solutions to reduce costs of development, such as alternative
development standards, and pilot projects for new technologies"."
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"The Board prefers the evidence by the land use planner called by
the appellant because they were rooted in a thorough understanding
of the land use planning implications of the proposed amendment."
Note: (The
'appellant'
in this instance is Mr. Gordon Sample)
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Full Text of OMB Decision
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