Glen Abbey Golf Course owner ClubLink has opened a new front in its struggle to develop the Oakville landmark.

The golf giant announced in late December that it has filed an application with the Ontario Superior Court of Justice to quash the heritage designation currently in place at Glen Abbey.

During a Monday special council meeting, Oakville councillors voted unanimously to fight this attack on the designation.

The vote gives the town solicitor authority to retain external legal counsel, as needed.

A court date has yet to be set.

“Council believes it was correct in its decisions,” said Oakville Mayor Rob Burton.

“It is willing to fight to prove that.”

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The council decision was well received by Fraser Damoff, spokesperson for the Save Glen Abbey Coalition.

“The fact is, Glen Abbey is heritage,” he said.

“Throughout the years, the case has been made that Glen Abbey more than surpasses the minimum criteria for historical recognition ... We at Save Glen Abbey fully support efforts made by Oakville council to protect Glen Abbey.”

Oakville council voted unanimously to designate Glen Abbey Golf Course a property of cultural heritage value or interest, under the Ontario Heritage Act, on Dec. 20, 2017.

The designation, which Burton said was years in the making, was intended to identify the property’s heritage attributes and provide some level of protection from alterations.

It also threw a wrench into ClubLink’s plans to build 3,222 residential units, 69,000 square feet of commercial/retail space and 107,000 square feet of office space on the property.

ClubLink officials have pointed out 50.11 hectares (54 per cent of the total site) would be made up of publicly accessible green space.

ClubLink’s development application has generated significant concern among many residents in Oakville who fear the loss of green space and the increased amount of traffic the proposed development would bring to surrounding roads.

Town staff have said the proposed development is inappropriate for the 1333 and 1313 Dorval Dr. site, noting it would essentially turn the Glen Abbey Golf Course into an unplanned growth area.

The town’s cultural heritage landscape strategy, which sought to protect and preserve local heritage icons, identified Glen Abbey Golf Course as a priority property in 2016.

Prior to the heritage designation, the Town of Oakville carried out a cultural landscape assessment, which found the property to have local, provincial and national significance.

A review of Glen Abbey Golf Course by Ken Moodie, director of golf course architecture and consulting firm Creative Golf Design, has found key attributes, including the “spoke-and-wheel” design of the golf course, which is the designed layout of the holes.

He also called it an important early example of a stadium-style golf course.

The town also retained Julian Smith, of Julian Smith and Associates Architects, to provide a detailed analysis of the cultural heritage value of the Glen Abbey property.

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In his report, Smith called Glen Abbey one of the most significant works by one of golf’s most significant figures, Jack Nicklaus.

Smith also noted the golf course’s association with the Canadian Open has given it international significance and ties to many of the leading figures in the sport.

He called it a landmark not only within Oakville, but across Canada and abroad.

ClubLink lawyer Mark Flowers has previously called the heritage attributes listed by the town in the Notice to Designate “vague and overreaching.”

He argued the town is improperly using the Ontario Heritage Act to dictate how the Glen Abbey property will be used in the future.

“It appears that the intention of this proposed attribute would be to require the owner to maintain the property as a golf course on a permanent basis, and to do so to a standard that would be capable of hosting ‘championship golf,’” wrote Flowers.

He went on to state that sustaining the property in this directed condition would cost ClubLink an estimated $2 million per year.

ClubLink’s application to quash the heritage designation follows its two recent victories before the Ontario Superior Court of Justice.

On Oct. 25, 2018, Judge Edward Morgan sided with ClubLink, noting the company has the right to take its demolition application for Glen Abbey to the Local Planning Appeal Tribunal (LPAT).

The town had rejected this demolition application and argued ClubLink could not appeal the decision to LPAT because of the golf course’s designation under the Ontario Heritage Act.

The town was hit with another courtroom setback on Dec. 11, 2018, when the same judge quashed a conservation plan and related bylaws, which Oakville council had put in place to protect Glen Abbey Golf Course from development.

In his decision, Morgan argued the conservation plan and related bylaws freeze the property as a golf course contrary to the wishes of the property owner.

He said there is nothing in the Ontario Heritage Act that empowers a municipality to require a private business to keep running as a business.

It is unclear what impact these decisions will have on this latest ClubLink challenge.

The Town of Oakville has appealed both of Morgan’s decisions to the Ontario Court of Appeal.

David Lea is a reporter with the Oakville Beaver. Email: dlea@metroland.com

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