Mayoral candidate says Cobourg taxpayers face legal costs and planning risks as eight-storey development heads to Ontario Land Tribunal
Mayoral candidate Max LeMarchant is blaming Mayor Lucas Cleveland, Deputy Mayor Nicole Beatty and Cobourg council for what he describes as serious planning and governance failures surrounding a proposed eight-storey development immediately behind historic Victoria Hall.
In a statement released October 16 in response to the Burd Report article “An Expensive Folly,” LeMarchant said correspondence from legal counsel representing 202 Second Street Inc. confirms the controversial development proposal is now before the Ontario Land Tribunal (OLT), with a Case Management Conference scheduled for November 18, 2026.
The dispute raises questions about how the Town will defend its position before the tribunal when its own Development Department and planning consultant had previously endorsed the proposal as good planning, LeMarchant said.
“This creates the extraordinary prospect of the Town having to challenge the professional planning position endorsed by its own administration, at taxpayers’ expense and with significant financial and planning risks,” he stated.
LeMarchant characterized the situation as the result of municipal planning and governance failures, placing particular responsibility on Cleveland for restructuring the Town’s planning administration and establishing the new Development Department under his Strong Mayor powers.
“Mayor Lucas Cleveland bears direct responsibility for his decision to restructure the Town’s planning administration and establish the new Development Department under his Strong Mayor powers,” LeMarchant said.
He also pointed to Beatty and council members, saying they share responsibility for municipal oversight and for addressing what he described as longstanding planning deficiencies.
“Successive Councils, including the present Council, have failed to complete the comprehensive update of Cobourg’s Official Plan,” he stated.
LeMarchant said he had personally petitioned council to prioritize updating the Official Plan before proceeding with a comprehensive rewrite of the Town’s zoning bylaw.
According to LeMarchant, council proceeded with the zoning bylaw rewrite despite his concerns, resulting in a bylaw containing numerous errors and inconsistencies that led him to file an appeal with the Ontario Land Tribunal.
He said many of those errors were subsequently corrected, allowing him to withdraw his appeal.
LeMarchant argued the controversy surrounding 202 Second Street demonstrates the risks associated with failing to maintain an updated planning framework and effective administrative oversight.
“The immediate question is how the Town intends to defend its position at the Tribunal when its own planning administration has already supported the proposed development,” he said.
He also questioned how the situation was allowed to develop under the current municipal leadership.
“The broader question is how Mayor Cleveland, Deputy Mayor Beatty and Council allowed these circumstances to develop under their collective watch,” LeMarchant stated.
With the tribunal process moving forward, LeMarchant said taxpayers deserve answers about the Town’s legal strategy and the financial implications of the case.
“Cobourg taxpayers deserve a clear explanation of the Town’s legal position, the anticipated costs of the appeal, and the measures being taken to prevent similar conflicts in future development applications,” he said.
The proposed eight-storey development behind Victoria Hall has placed municipal planning decisions and the Town’s approach to development under scrutiny. The November 18 case management conference is the next scheduled step in the tribunal process.
LeMarchant is campaigning for mayor under the slogan “Restore. Refocus. Renew.”
His statement represents his assessment of the dispute and the responsibilities of municipal officials. The Town’s legal position, the anticipated cost of the tribunal proceedings and the next steps in defending its planning decisions remain central questions as the case proceeds.
Full release below
Statement by Max LeMarchant, Candidate for Mayor of Cobourg, in response to the Burd Report article “An Expensive Folly”
COBOURG, ON — The October 16, 2026 correspondence from legal counsel representing 202 Second Street Inc. confirms that the controversial development proposal is now before the Ontario Land Tribunal, with a Case Management Conference scheduled for November 18, 2026.
The Town of Cobourg is now facing the prospect of defending its position against a proposed eight-storey high-rise immediately behind historic Victoria Hall, despite its own Development Department and planning consultant having previously endorsed the proposal as good planning.
This creates the extraordinary prospect of the Town having to challenge the professional planning position endorsed by its own administration, at taxpayers’ expense and with significant financial and planning risks.
In my assessment, this predicament is the consequence of serious municipal planning and governance failures.
Mayor Lucas Cleveland bears direct responsibility for his decision to restructure the Town’s planning administration and establish the new Development Department under his Strong Mayor powers.
Deputy Mayor Nicole Beatty and the members of Town Council share responsibility for municipal oversight and for addressing the longstanding planning deficiencies that have continued under their watch.
Successive Councils, including the present Council, have failed to complete the comprehensive update of Cobourg’s Official Plan.
I personally petitioned Council to prioritize that work before proceeding with the comprehensive zoning by-law rewrite. Council proceeded nonetheless, adopting a by-law containing numerous errors and inconsistencies that compelled me to file an appeal with the Ontario Land Tribunal. Many of those errors were subsequently corrected, allowing me to withdraw my appeal.
The 202 Second Street controversy is now a concrete example of the risks created when a municipality fails to maintain an updated planning framework and effective administrative oversight.
The immediate question is how the Town intends to defend its position at the Tribunal when its own planning administration has already supported the proposed development.
The broader question is how Mayor Cleveland, Deputy Mayor Beatty and Council allowed these circumstances to develop under their collective watch.
Cobourg taxpayers deserve a clear explanation of the Town’s legal position, the anticipated costs of the appeal, and the measures being taken to prevent similar conflicts in future development applications.
Max LeMarchant
Candidate for Mayor of Cobourg
Restore. Refocus. Renew.
Author: Pete Fisher
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