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Posted on: February 26, 2019

COUNCIL DEFEAT OF JONES ESTATE LAND USE UNDER JUDICIAL REVIEW

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Hazkar Developments Inc, the developer of the proposed Jones Estate Lands in Gleneagles, has filed for judicial review of Council’s decision to defeat the bylaw to redesignate the land to R-1 (Residential Single Detached Dwelling District) and limit to 11 single family homes.

The Jones Estate is privately owned land, located between the Gleneagles community and Highway 1A. The 4.15-acre parcel is designated Urban Reserve land, which is intended to act as a holding district until development of the land occurs.

In March 2018, the developer applied to redesignate the land use from Urban Reserve to R-1, providing for the future development of 11 single-family homes.

At the October 22, 2018 Council meeting, Council directed Administration to prepare an amendment to the application for its consideration, restricting the development to R-1 with a limit of one single family unit.

At the November 13, 2018 Council meeting, Council unanimously defeated the application leaving the land designated Urban Reserve.

The developer has now applied for judicial review, which is a court process used to ensure the legality, reasonableness and fairness of a decision made by governments and/or their agencies. The matter is set to be heard by the Court on June 12, 2019.

“The Town has been requested to provide all materials that were before Council when they were considering this application,” said Dave Devana, Town of Cochrane CAO. “We are adhering to that requirement and will comply with the decision or direction provided by the Court.”

The Court could decide to dismiss the application, meaning the previous decision by Council to defeat the bylaw would stand, or they may direct Council to reconsider the matter and provide direction on what Council must consider in doing so.

The timeline for the court to make a final decision is not known.

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