Selections From OMB Decision: Page 19 and 20

The term ‘discourage” as used in sections 6.2, 6.4.2, 6.5 and 15.1.11 of the 1993 Official Plan expresses Council’s policy that large format retail development should not take place on lands designated for industrial uses. I am of the view that this policy, which antedates the earliest of the Avonwood applications, represents good planning. ...

Testifying in support of the Avonwood applications, both Mr. Annand and Mr. Goldberg told the Board that the term, “discourage” allows an action to continue along the selected path but denotes caution. Mr. Stein, counsel for the CCC, argued to the contrary. He submitted that the word “discourage” denotes “prohibition”. ...

In my view, the proposed new phraseology makes unmistakably clear what “discourage” in the 1993 Official Plan was not only intended to mean, but in fact does mean. As noted above, I find the phrase used to be a linguistic progression or evolution and a clarification of the City’s intent as expressed in the 1993 Official Plan. I accept the submission of counsel for the CCC that the new phraseology does not change the City’s policies contained in the 1993 Official Plan but does clarifies them.

Colin Hefferon