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McClung Developers Appealing OMB Rejection

McClung Developers Appealing OMB Rejection

CALEDONIA — The developer of a large housing development in Caledonia known as the McClung Rd. Subdivision is trying an end run on opponents of the project, including those of Six Nations. It has been alleged by both settler and Haudenosaunee opponents of the project that the entire project has been rife with incomplete documentations

CALEDONIA — The developer of a large housing development in Caledonia known as the McClung Rd. Subdivision is trying an end run on opponents of the project, including those of Six Nations.

It has been alleged by both settler and Haudenosaunee opponents of the project that the entire project has been rife with incomplete documentations and proper procedures, which Caledonia Council has turned a blind eye to in order to ensure the project is passed.

The Two Row Times was given a copy of an application by McClung Properties Inc., to have conditions of the project waved, including its archaeological survey.

The developer’s appeal is filed under subsection 51(43) of the Planning Act.

The Ontario Municipal Board has set a date to hear the McClung/Empire Estates argument for Thursday, Oct. 1st at 10:30 at the Lower Large Committee Room, at the Haldimand County building at 45 Munsee St. N, in Cayuga. Two days have been set aside to hear their appeal.

Under the rules of the appeal process, if one or more of the stakeholders do not attend these meetings, the OMB could make its judgment with no further input.

The OMB refused McClung/Empire’s archaeological survey and the developers are appealing that decision.

According to a letter to the OMB, drafted by Kagan Shastri, lawyers for McClung Properties Ltd., their clients are appealing the rejection of the survey, as required before any grading or servicing begins.

“Our client’s concerns focus on one particular clause, specifically, our client is seeking to have the OMB remove the following clause: ‘That prior to final approval, grading and servicing, the owner shall carry out an archaeological assessment of the entire development property and mitigate, through preservation or resource removal and documentation, adverse impacts to any significant archaeological resource found. No demolition grading or other soil disturbances other than that required for archaeological assessment shall take place on the subject property prior to the approval authority and the Ministry of Culture, Tourism and Sport confirming that all archaeological resource concerns have met licensing and resource conservation requirement,” says the letter.

The letter refers to the OMB refusal as an “unreasonable and unfounded position.”

The planned 3,500 unit McClung development would double the size of Caledonia and therefore significantly increase the tax input into Haldimand coffers.

According to these stringent requirements, if the same diligence were used in the Douglas Creek Estates development, it would have been stalled before it even began.  The archaeological survey in that case was also subject to criticism, however, the complaint was heard too late and the grading and soil removal took place before the Six Nations protest began. The McClung project is also on the Plank Road where a registered land claim has been filed for decades without settlement.

It is not indicated in the letter whether the Elected Council or the HDI have been in consultation over this property, but both are known to have filed complaints independently.

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Jim Windle

Jim Windle

Jim Windle is a veteran news and sports reporter who has been published in a number of mediums and publications. contact Jim: windlejim@rocketmail.com

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