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The Climate Litigation Database

Shore v. Town of Georgina

Geography
Year
2018
Document Type
Litigation

About this case

Filing year
2018
Status
Decided
Court/admin entity
Canada → Local Planning Appeal Tribunal
Case category
Suits against governments (Global) → Environmental assessment and permitting (Global)
Principal law
CanadaPlanning Act (R.S.O. 1990, c. P.13)
At issue
Whether an approved plan of subdivision adequately addressed the ecological value and compensation of removed trees and complied with applicable planning policies relating to environmental protection and climate-change mitigation, such that the appeal warranted a hearing before the Tribunal.
Topics
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Documents

Filing Date
Document
Type
Topics 
Beta
04/02/2019
Local Planning Appeal Tribunal's decision to reject hearing.
Decision

Summary

In 2018, William Shore appealed the Town of Georgina's approval of a proposed draft plan of subdivision, arguing that the development failed to conform with relevant Official Plan and Secondary Plan policies concerning tree preservation and compensation. He contended that the Town had not adequately considered the ecological significance and functions of trees that would be removed, that the required replacement planting was insufficient, and that compensation should maintain the carbon sequestration capacity of the lost trees. Shore also argued that the subdivision had been approved without proper consideration of climate change and that the design failed to take sufficient advantage of passive solar-heating opportunities.

In response, the developer submitted expert planning evidence showing that environmental studies had been conducted by Beacon Environmental and reviewed by the Lake Simcoe Region Conservation Authority (LSRCA) and the Town. These studies informed tree preservation, compensation, and ecological offsetting measures incorporated into the draft plan conditions. The expert evidence further stated that climate-change considerations had been addressed through woodland protection, tree-compensation requirements, compact subdivision design, and proposed energy-efficient home construction.

The Town and LSRCA were satisfied that the proposal complied with applicable municipal, regional, and provincial planning policies.

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Group
Topics
Policy instrument
Renewable energy
Economic sector
Adaptation/resilience