Environmental considerations are now fundamental to most applications for land use approval. Accordingly, it is important that we as lawyers have a working understanding on geology, hydrogeology, geotechnical assessments, environmental assessments, biology, storm water management, and civil engineering.
Recent provincial legislation and initiatives create new and difficult challenges. Greenbelt and Growth Plan legislation, restrictions on private servicing techniques, and ongoing provincial assimilation capacities of watersheds located outside the GTA place great hurdles for new Greenfield developments.
Our experience with Brownfield development demonstrates that it is only for the experienced developer. Intensification and infilling are attractive principles and objectives. However, realistic implementation of those objectives is severely lacking at the provincial government level. Finding possible locations is difficult enough. Developing an approval strategy and obtaining approvals requires the utmost of experience and skills involving a team effort by the client, consultants and lawyer.
Our experience with environmental legislation and litigation has also prepared us to provide Counsel for either the prosecution or the defense in environmental prosecutions.