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LPAT underway: Case management conference kicks off what could be months-long process

First stage in legal process kicks off this morning
KingswayEntertainmentDistrict
Greater Sudbury says it's confident that is has conformed to planning laws ahead of the first stage of the process to deal with attempts to stop the Kingsway Entertainment District. (File)

Yesterday, Sudbury.com reported on a statement from the City of Greater Sudbury on its high level of confidence going into the Local Planning Appeals Tribunal process regarding the Kingsway Entertainment District project.

That story also provided a brief overview of how we got here and how the process will unfold. It also included several links to background information on the LPAT and aspects of the KED. 

In case you are unfamiliar with the project or the appeals (easy to understand given how this has unfolded over the past two years), we're reprinting yesterday's story here to provide readers with a resource on the case.

City hall reporter Darren MacDonald is at the case management conference and will be reporting on what happened later on today.

Original story

Greater Sudbury says it's confident that is has conformed to planning laws ahead of the first stage of the process to deal with attempts to stop the Kingsway Entertainment District.

A case management conference begins Tuesday morning in the provincial building downtown, the first time the Local Planning Appeals Tribunal will address the objections to the plan.

In a news release Monday, the city said it's decision to amend the Official Plan – the city's main planning document – and rezone parts of the Kingsway property to allow the KED conforms to provincial law.

“The city is confident that the decisions in respect to the Official Plan amendment and rezoning are consistent with the Provincial Policy Statements, and conforms to the Growth Plan for Northern Ontario and the city’s Official Plan, and that the planning application was processed in accordance with the Planning Act,” the release said. 

The city agreed to the planning changes to allow a new $100-million arena to be built on the property, currently owned by businessman Dario Zulich and his partner Perry Dellelce. Gateway Casinos also wants to build a $60 million casino on the property, which requires the Official Plan amendment.

Several groups have filed objections, including businessman Tom Fortin, who strongly opposes the casino, and the downtown Sudbury BIA, which opposes moving the arena from downtown.

A summary of the city's decision to allow the casino can be found here, and to allow the arena here. Objections have been raised to the parking lot, as well.

“The LPAT will determine whether any changes must be made to the applications to ensure consistency and conformity with the relevant planning documents and legislation,” the city's news release said.  

Tuesday's case management conference is intended to allow the tribunal to “identify facts that may be agreed upon, and provide directions for disclosure of information,” the release said.

“The city will be represented by legal counsel during the case management conference.” 

While no decisions are expected to come from the conference, the city expects it will receive direction from LPAT “with respect to next steps in the appeal process.” 

For more information on the Kingsway Entertainment District project, see the city’s website here.


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Darren MacDonald

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