An expensive folly

October 17, 2026October 17, 2026By ben

We are referring to the start of the defence of the 202 Second St. decision at the Ontario Lands Tribunal. A copy of the letter of the first phase of the process was delivered a couple of days ago – thanks to the whistleblower who put it on Social Media yesterday. Click here for the full size

A bit of history, in December 2024 the Zoning Bylaw was amended to make the maximum height of buildings in the Main Commercial Area (MCA) 12 metres. In September the first phase of the approval process for 202 Second St. began with the declaration that the application was complete and publication of reports to the statutory public meeting. At that meeting the Director of Development Mr. Challenger stated that the Town agreed with the Town’s planning consultant that a proposed height of eight stories was ‘good planning’. This came from a department without a Senior Planner and it was revealed that semi-qualified people in the department were allowed to sign off on the proposal.

The Council at that meeting with the exception of one – the Mayor, all voted to defer the proposal to the next Council sometime in 2027. The idea of a deferral came from the the Developer himself. A couple of weeks later the Developer in a surprising lack of cooperation decided after requesting a deferral and further discussion decide to play ‘hardball’ and then gave notice that he had given notice of an appeal to the OLT. A classic version of Council, led by the Mayor of being stabbed in the back.

Any regular Council watcher expected this to happen as the public meeting kicked off the 120 day appeal period for the Developer. The disgusting aspect of this by all concerned on the Developer’s side was the reversal from asking for a deferral, conning the Council and the Public into thinking they would be willing to discuss the details again – HYPOCRACY from all of those concerned on the 202 Second St. side.

Now comes the problem for the Town and the Mayor. The Development Department – the crown jewel of the Mayor’s institutional reorganisation taken under the Strong Mayors Powers recommended approval for the project. It is ludicrous to believe that the Mayor was not involved in every aspect of this approval. He may have voted against the proposal to defer because as he said, “I want to vote against the proposal” but on the other hand he promoted his office assistant to the position of Director of the Development Department deliberately to increase development. The fact that two previous Senior Planners had had problems with both the Mayor and the other members of the planning department had departed showed that Planning was subservient to Development! The BR has heard the quote from the Bowels of Town Hall that the expression “Who needs Planners, when Developers have them!” had been spoken.

But back to the mechanics of the problem at the OLT that the Town will face. The approval process by the Development Dept. was justified – many times, by the statement from the Mayor and Mr. Challenger, “Provincial law made us do it”. This was in reference to the recently passing of many Provincial laws and Policy Statements that changed the planning environment by mandating intensification and density maximisation. But as discussed in previous BurdReport posts the requirement to intensify has to balanced by other criterion. The Development Department and the Mayor have only looked at one aspect of the instructions and declared compliance with it. The price of compliance is the approval of eight stories on the Second St. proposal.

So on one hand we have a Town Department and the Town Planning Consultant saying that eight stories is “good planning” and the vast population of the Town saying “What; are you nuts!” So what will the defence be? Ninety percent of appeals at the OLT have been won by Developers, this appeal will follow that pattern. Especially when the Town will be bending itself into a pretzel to defend itself. Just imagine the Town’s legal department trying to produce an argument saying that the approved planning decision was wrong and shouldn’t have happened. One department of the Town fighting another department of the Town – a total mess and guess who is charge of the Town – a Mayor who is trying to have it both ways and be the cleverest guy in the room and now has a serious credibility problem., already being questioned about his knowledge of when he knew about the serious problems at the Town Hall.

But the bottom line here is just how much the Town will spend on the defence at the OLT?

Comments (14)

This leak confirms what many of us have feared: a complete breakdown of democratic accountability at Town Hall. When the Development Department overrides a clear Council decision and bypassing local zoning bylaws, it creates a dangerous precedent where institutional processes operate above the rule of law.

Now, Cobourg taxpayers will have to fund an expensive legal battle at the OLT where the Town is essentially fighting itself—one department against another. This is the direct consequence of heavy-handed governance and structural chaos. We deserve transparency, proper municipal management, and leaders who respect the community’s voice instead of playing bureaucratic games.

October 17, 2026 Johanna Reply
The real breakdown was Council’s 5–1 vote to defer. Instead of supporting a firm rejection that night, the Council majority chose to kick the can down the road past the election.

By choosing procedural delay over a definitive decision, Council handed the developer the exact non-decision loophole needed to trigger an appeal at the Ontario Land Tribunal. A firm refusal would have given the Town actual legal leverage to negotiate a lower 5 or 6-storey compromise through tribunal mediation.

October 17, 2026 Shane Reply
- Shane is entirely correct. This 5-1 vote to defer was a failure of political courage disguised as a procedural delay. By refusing to make a definitive decision, Council handed the developer the exact legal loophole required to take control away from Cobourg and hand it to the OLT. This lack of transparency and procedural incompetence is exactly why our local governance needs a complete overhaul. We need leaders who understand municipal law, not politicians who kick the can down the road at the taxpayers’ expense.
  
  October 17, 2026 Johanna Reply
- Even if the Council had voted to refuse, instead of referral, the action of the developer by going back on his request to defer, and advance to the OLT, the stupid action by the development department to approve the application was the OLT killer. If you don’t believe that the Mayor knew about the DDs approval and let it advance I have some swamp land for you to buy!
  
  October 17, 2026 ben Reply
- That is if the Development Department had not recommended to support the application as “good planning”
  
  October 17, 2026 ben Reply
This is only one to have surfaced so far as a result of this Mayor and Councils Term

We have the OMNI Care Group doing the very same thing applied to OLT over the KERR st Location cotrary to Public wishes and Better Judgement Thanks again to this Mayor and County .

Yet there are several other locations in town perfectly suited for thier purpose including the site on Depalma Dr. as previously applied for . Yet this town has held them up for nearly 4 years . There is another big ??? as to why and again all at the Tax Payers expense .

October 17, 2026 Sandpiper Reply
Let’s clear up the facts about how these development decisions actually happened:

1. Town Staff don’t make final decisions: Town planning staff only write reports and recommendations. They do not have the power to approve developments only the elected Town Council gets to vote yes or no.

2. Mayor Lucas and Council BOTH voted NO to OMNI: Contrary to rumors, Council did NOT support the 660 Kerr Street project. On July 22, Council officially voted to REJECT the application. Mayor Lucas made it clear he wanted an immediate refusal rather than dragging it out with delays.

3. Why it went to the OLT: In Ontario, whenever a Town Council votes “NO” to a developer, the developer has a legal right to appeal that decision to the provincial board (the OLT). The town cannot force a private business to buy or build on a different street (like DePalma Drive).

OMNI appealed to the province because Mayor Lucas and Council turned them down, not because anyone gave them a free pass.

October 17, 2026 Shane Reply
- “Why it went to the OLT: In Ontario, whenever a Town Council votes “NO” to a developer, the developer has a legal right to appeal that decision to the provincial board (the OLT). The town cannot force a private business to buy or build on a different street (like DePalma Drive).”
  
  In fact the Council did not vote NO to 202 Second St. they complied with the Developer’s request to defer discussion BIG difference. The Developer then turned around and reneged on the deferral request.
  
  October 17, 2026 ben Reply
two tsunamis at once.

Mayor 2022-2026 uses strong mayor power to stack planning department and amend bylaw. Works against Council and anyone who challenges him.

CAO- hired in 2020. Several Departments incur conflicts- Planning, Finance and HR.
At least 6 trained staff leave and lawsuits prevail. Council not involved or informed of details just outcomes. Non disclosures in place.
CAO hires consultants at more town expense. CAO gets raises every year and a very large increase in 2025. CAO also increases executive assistant from .5 to full time and hires a Manager.
Chief of Fire department (internal employee problems follow him) , request Brookside as a training facility. Town planner says problem with approval (maybe creek?) – planner gone?
Questions need to be asked to long term employees who both left voluntarily and because of workplace conduct – non disclosures need to be lifted on behalf of employees.
Who are the contractors and who hired them? Is there any conflict of interest that needs to be disclosed.
How many lawsuits is the town of Cobourg involved in that have occurred within 2020-2026?

October 17, 2026 Kingfisher Reply
- Very good questions Kingfisher! I did notice that the CAO pay that is on the sunshine list went from $170K to $247K in five years – good spot.
  
  October 17, 2026 ben Reply
  - Not that it’s a given in this particular case, but I will point out that a LOT of public employees appeared to have gotten a large raise in 2025 if you look on the sunshine list, because it only cares about total income regardless of source, and a whole bunch of public employees got retroactive lump sum payments in 2025 after the courts ruled that a previous wage freeze had been unconstitutional.
    
    October 17, 2026 Dan Reply
Ben* – I find it fascinating how many folks give the appearance or impression of speaking with authority and expert knowledge but impart misinformation – that seems to be becoming a trend in this Town when there’s any discussion about municipal government. Too bad if other readers rely on that information as gospel truth.

* Of course, you are excluded from my observation, Ben.

October 17, 2026 Jennifer Darrell Reply
“Who needs Planners, when Developers have them!” was in fact said by the Mayor during the meeting that he appointed Chris Challenger when justifying the appointment… one of his offhand comments. I was there. I don’t have time to find it and post it. Also Max sent out some good info on this today worth checking out. He’s not new to the OLT and has insight.

October 17, 2026 SueDG Reply
It’s is unfortunate how much local online discussion has devolved into endless personal criticism and negativity rather than constructive policy debate. Cobourg faces real challenges, and residents would benefit far more from objective facts, solutions, and balanced discourse than constant personal grievances.

October 17, 2026 Shane Reply