And I am convinced the fix is  in! The Planning consultant for the Town is all for it, The Development Division is all for it and the Mayor wants to kill the proposal right now – knowing that would be a fast-track to the Ontario Land Tribunal (OLT), where developers win 90% of the time. Eight storeys is a done deal despite the huge outcry from the Citizens of Cobourg.

So how did we get here? Rewind to last year where the Zoning bylaw was being revised. One little change one huge impact. The height and massing restrictions in the Main Central Commercial District (MCU) were removed. NOBODY on Council noticed this or if they did they were silent. This happened whilst the 202 Second St. application for rezoning was in the system. The maximum height in the Official Plan still remains at six storeys so it now applies in the MCU.

The Town’s Planning Consultant told Cllr Mutton in a response to a question about height and why are they asking for eight storeys when the OP’s maximum is 6 “the wording ‘May’ is a given that more is allowed, in the planning industry, so eight is permissible.” Both the Mayor and the Development Division said the Provincial rules have changed that do not allow the Town to do what they want but neither qualified that statement with examples. So the Town will not defend the Official Plan.

If and when this application gets to the OLY it will be embarrassing for the Town’s lawyer to argue against its own Development Division and the Planning Consultant.

Posts suggesting how the Town can get out of this predicament are coming soon.