July 22, 2020

At the July 6 Case Management Conference (CMC), the LPAT indicated that as a result of the COVID-19 pandemic, the LPAT was unable to schedule a hearing of the Glen Abbey development applications. The parties were tasked with exploring whether a “hybrid” hearing could be facilitated, incorporating both in-person attendance and videoconferencing.

Review the decision issued July 22, 2020 (pdf).

January 23, 2020

On January 23, 2020, the Ontario Superior Court of Justice heard a motion by ClubLink to strike the town’s remaining Court applications, and refer all matters to the Local Planning Appeal Tribunal (LPAT). In a decision issued on February 10, 2020, the Court declined to exercise its discretion to hear the town’s applications, having determined that the LPAT is “the appropriate forum with jurisdiction and expertise to address all issues of fact and law between the parties”.

November 29-30, 2018: LPAT pre-hearing

A second LPAT pre-hearing conference will be held with respect to ClubLink’s appeal of Council’s decision of September 27, 2017 to refuse its applications to redevelop the Glen Abbey Golf Course. Under the transition rules established for the new LPAT, this hearing continued under the OMB rules in place at the time the appeal was launched (October 10, 2017).

Clublink Appeals of Town OPAs 15 (Urban Structure) and 16 (Cultural Heritage Policies) to LPAT proceeding to a case management conference.

October 22 and 23: Court hearing

Earlier this year, ClubLink and the Building Industry and Land Development Association (BILD) filed a Notice of Application to the Ontario Superior Court of Justice appealing Council’s approval of the Cultural Heritage Landscape Conservation Plan By-law 2018-019, the Ontario Heritage Act Delegation Powers By-law 2018-020, the Cultural Heritage Landscape Conservation Plan for the Glen Abbey Property and Council’s resolution to endorse proposed amendments to Site Alteration By-law 2003-021, the Private Tree Protection By-law 2017-038, and the Property Standards By-law 2017-007.

The court hearing to determine the dispute is scheduled for October 22 and 23, 2018. The decision issued by Justice Morgan of the Ontario Superior Court of Justice quashed the town’s Cultural Heritage Landscape Conservation Plan for Glen Abbey and the associated by-laws. Staff is reviewing the decision and will report to Council early in the new year on potential next steps.

October 17-19, 2018: LPAT case management conference

A case management conference is scheduled to take place with respect to ClubLink’s appeal of the town’s updated official plan and zoning by-law amendments for the Golf Course site approved by Council on January 30, 2018 (OPA24/ZBL 2018-16). This appeal was filed by ClubLink on May 8, 2018 under the new LPAT rules. Under these rules, there is a 10 month mandatory time period within which LPAT must make a decision in the appeal. Prior to a hearing, LPAT holds a case management conference to deal with procedural matters. The hearing on this case has been scheduled for eight days, beginning on June 17, 2019.

July 16 and 17, 2018: Court hearing

Last year the town initiated a court application to determine its rights and jurisdiction under the Ontario Heritage Act in connection with the Glen Abbey Golf Course. This action was taken in response to the announcement by ClubLink, the owners of the golf course, that it would be seeking to make an application to demolish all buildings (other than the Raydor Estate and the Stables) on the site and remove the Glen Abbey Golf Course in its entirety.

A court hearing to determine the dispute took place on July 16 and 17, 2018. The written decision from Justice Morgan was issued on October 25, 2108.

Review the Superior Court's written decision on Town of Oakville v. ClubLink, 2018 ONSC 6386.

Justice Morgan affirmed “ClubLink has the right to make an application to the town under s.34(1) of the Ontario Heritage Act for demolition and/or removal of buildings on the Property and of the other structures of which the Golf Course is comprised.” It is important to note that the court has not approved the demolition, but rather by its decision, is clarifying the proper process for making such an application. Justice Morgan also noted that “Neither the Town’s designation of Glen Abbey as a cultural heritage landscape, nor ClubLink’s development proposal, is at stake here.”

The town is proceeding with an appeal of the October 25, 2018, Superior Court decision pursuant to instructions provided by Town Council on November 5, 2018. The notice of appeal will be served as required within 30 days of the Superior Court decision.

April 27, 2018

LPAT pre-hearing took place in Council Chambers. The pre-hearing related to ClubLink’s appeal of Council’s decision of September 27, 2017, to refuse its applications to redevelop the Glen Abbey Golf Course. Under the transition rules established for the new LPAT, this hearing continued under the OMB rules in place at the time the appeal was launched.

February 12, 2018

On November 21, 2017, Clublink submitted an application under Section 34 of the Ontario Heritage Act to remove the golf course in its entirety. This application is the subject of litigation between the town and ClubLink as to whether ClubLink has the authority under section 34 to make the application. In the interim, by court order, the town agreed to render a decision on the ClubLink application.

Planning and Development Council refused the application on February 12, 2018.

ClubLink, the owner of the property, has appealed this decision to the Ontario Municipal Board (OMB). However, under the court order, any appeal to the OMB from the town’s refusal will not proceed until after the final determination of the court proceedings, and only if the property owner is successful at court.

Read the Notice of Refusal

Read the legal report (pdf)

January 30, 2018

Oakville Council approved additional planning and conservation measures designed to conserve the cultural heritage value and attributes of the Glen Abbey Golf Course at its Planning and Development Council meeting of January 30, 2018. Read the news release.

ClubLink has filed a Notice of Application to the Ontario Superior Court of Justice appealing Council’s approval of the Cultural Heritage Landscape Conservation Plan By-law 2018-019, the Ontario Heritage Act Delegation Powers By-law 2018-020, the Cultural Heritage Landscape Conservation Plan for the Glen Abbey Property and Council’s resolution to endorse proposed amendments to Site Alteration By-law 2003-021, the Private Tree Protection By-law 2017-038, and the Property Standards By-law 2017-007. No court date has been set.

The two planning amendments approved by Council, By-law 2018-015 that adopts Official Plan Amendment 24, and Zoning By-law Amendment 2018-016, were appealed to the Ontario Municipal Board by ClubLink. No hearing date has been set.

Supporting materials for review:

January 25, 2018

The Ontario Divisional Court denied the town’s motion for leave to appeal the OMB’s decision that the ClubLink development application was complete when submitted to the town in November 2016. However, since the town proceeded to process the application and Council made a decision to refuse the official plan and zoning by-law amendments in September, the OMB will be required to have regard to Council’s decision at the hearing for this application.

January 23, 2018

Heritage Oakville reviewed the proposed Conservation Plan and related by-laws, and the proposed zoning and official plan amendments to provide its input to Council.

January 10, 2018

Two public open house sessions were held at Town Hall on the Conservation Plan and draft Cultural Heritage Landscape Conservation Plan By-law, a proposed official plan amendment and proposed zoning by-law amendment.

December 20, 2017

The Conservation Review Board Pre-hearing Conference on the objection to the town’s Notice of Intention to Designate filed by Pacific Life Insurance has been cancelled as Pacific Life has withdrawn its objection. Review the withdrawal acknowledgement letter pdf.

Council voted unanimously to pass By-Law 2017-138, a by-law to designate the Glen Abbey Golf Course as a property of cultural heritage value or interest. Read the news release.

December 19, 2017

Heritage Oakville reviewed the proposed Conservation Plan and related by-laws, and the proposed zoning and official plan amendments at its meetings of December 19, 2017 to provide its input to Council.

December 12, 2017

A special meeting of Planning and Development Council was held on December 12, 2017 to table proposed site Conservation Plan and related by-laws, zoning or official plan amendments.

December 5, 2017

Planning and Development received a report on a proposed amendment to Zoning By-law 2014-014 to regulate the use of the Glen Abbey property, and the erection, location and use of buildings and structures on the property, in a manner that supports the conservation of this cultural heritage landscape. A recommendation report will be brought back to Planning and Development Council for decision on January 30, 2018. Notice of proposed town-initiated zoning by-law amendment.

November 21, 2017

ClubLink submits its formal application under Section 34 of the Ontario Heritage Act to remove the golf course in its entirety and demolish all the buildings (except the RayDor Estate and stables).

November 7, 2017

In response to the announcement by ClubLink, the owners of the golf course, that it would be seeking to make an application to remove the Glen Abbey Golf Course in its entirety, the town initiated a court application to seek direction regarding what the Ontario Heritage Act permits, and whether ClubLink has the authority under Section 34 to make such an application. Read the news release.

October 10, 2017

ClubLink Corporation appealed Town Council’s decision of September 27, 2017, to refuse their application to redevelop Glen Abbey Golf Course to the Ontario Municipal Board (OMB).

September 26, 2017

A special meeting of Planning and Development Council began on September 26, 2017, to consider the ClubLink’s application to develop its Glen Abbey property. The meeting continued at Town Hall on September 27, 2017, where Council unanimously voted to refuse ClubLink’s applications for official plan and zoning amendments for its Glen Abbey property.

In accordance with Planning Act requirements, ClubLink’s application for approval of its plan of subdivision for the site went to Planning and Development Council for final decision on November 6, 2017. Planning and Development Council refused ClubLink’s application for its Plan of Subdivision.

Clublink has appealed Council's decision to the Ontario Municipal Board. For more information review the ClubLink appeals Glen Abbey applications to the Ontario Municipal Board news release page.

August 21, 2017

On August 21, 2017, Council unanimously voted in favour to proceed with a Notice of Intention to Designate the Glen Abbey property as a significant cultural heritage landscape under s. 29 of the Ontario Heritage Act. For details, visit our Cultural Heritage Landscape Strategy page and read the news release.

Please note that the recommendation to designate the Glen Abbey property as a significant cultural heritage landscape is based on the cultural heritage value of the property, which has been assessed by the town through its Cultural Heritage Landscapes Strategy. This proposed designation is separate from the applications filed by ClubLink to allow the redevelopment of the property for residential and commercial uses, which are not before the Heritage Committee on August 15 or Council on August 21. It is proposed that the ClubLink development applications will be considered at a future meeting of Council on September 26, 2017.

Staff will bring forward separate reports to Council on each of the three remaining Council endorsed properties after they have moved through Phase Three of the process.

August 15, 2017

On August 15, 2017, the Heritage Oakville Advisory Committee approved a staff report recommending that the town proceed with a Notice of Intention to Designate the Glen Abbey property as a significant cultural heritage landscape under s. 29 of the Ontario Heritage Act.

June 7, 2017

OMB rules ClubLink application complete and town begins development application review process.

May 15, 2017

Council recognized Raydor Estate/Glen Abbey Golf Course as one of four significant cultural heritage landscapes in Oakville. Town staff will now lead Phase Three implementation work to identify and recommend to Council potential measures to safeguard the heritage attributes of these properties.

May 10, 2017

The Ontario Municipal Board upholds the town’s interim control by-laws as appropriate and necessary. The ICBL will now remain in effect up to and including January 31, 2018.

March 28, 2017

On December 12, 2016, ClubLink appealed to the OMB to determine the completeness of their application. ClubLink asked that this motion of appeal be joined with the existing OMB hearing on ClubLink’s appeal of the town’s ICB. The town opposed the joining of the two appeals and the OMB agreed. The hearing of the motion was held on March 28, 2017. The town is awaiting the OMB's decision.

March 7, 2017

A public open house on the town’s Cultural Heritage Landscapes Study was held on March 7, 2017 at 7 p.m. in the South Atrium at Town Hall. The open house had information stations for each of the eight properties that are currently being studied as part of Phase Two, including Glen Abbey. Visit the Cultural Heritage Landscapes Study page for more information.

February 15, 2017

The OMB hearing on the town’s Interim Control By-Laws 2016-024 and 2016-115 ended after eight days of hearings. A written decision was issued by the OMB upholding the town’s ICBL on May 10, 2017.

January 24, 2017

A special meeting of Council concerning Glen Abbey Golf Course was held on January 23, 2017. Town staff and legal counsel presented an update on the status of ClubLink’s appeal of the town’s Interim Control By-Law 2016-24 to the Ontario Municipal Board (OMB), as well as issues related to ClubLink’s application to develop Glen Abbey Golf Course. Review the staff report from the January 23, 2017, Special Council meeting agenda.

Review the January 23, 2017, Glen Abbey Golf Course Update pdf.

Watch the Special Meeting of Council, January 23, 2017 video.

December 19, 2016

The final deadline for exchange of witness statements and replies for the January 30, 2017 OMB.

December 12, 2016

On December 12, 2016, ClubLink has appealed to the OMB to determine the completeness of their application. A hearing date has not yet been set for this appeal.

December 8, 2016

The town informed ClubLink that additional information was required for its application.

December 5, 2016

ClubLink appealed town’s one year extension of its ICBL 2016-024 to the OMB.

November 10, 2016

ClubLink submitted an application for redevelopment of Glen Abbey Golf Course. The town had 30 days to review the application to determine its completeness.

November 1, 2016

Council approved a one year extension to the town’s ICBL 2016-024.

July 26, 2016

A second prehearing conference was held by the Ontario Municipal Board (OMB) on preliminary matters such as identifying any further issues, parties and/or participants; and providing further direction for prefilling of witness lists, expert witness statements and written evidence as may be necessary.

June 30, 2016

The Procedural Order for the ICB Hearing was approved by the board on June 30, 2016. It outlines the procedures that are to be followed leading up to the hearing on January 30, 2017.

June 7, 2016

A prehearing conference was held on June 7 where the OMB set a two (2) week hearing date for the full hearing of ClubLink’s appeal of the ICB, starting on January 30, 2017 and continuing through the week of February 6, 2017.

Parties to the hearing include ClubLink, the Region of Halton, Conservation Halton and the Town of Oakville. Nine participants have also registered.

March 31, 2016

ClubLink Holdings appealed ICBL 2016-024 to the Ontario Municipal Board (OMB).

February 1, 2016

Town passed the Interim Control By-law. Members of the public who provided comments at the meeting were invited to register as participants in the OMB hearing process.

Nov. 15, 2015

First pre-consultation meeting with ClubLink. Applicants are required to attend a pre-consultation meeting before submitting a planning application. The meeting is intended to identify key issues and the approvals that will be required with a project, and confirm the supporting materials that must be submitted with the planning application(s).