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Expert Witness Case Profile
 

Gateshead Enterprises Limited: Proposal to Develop a Neighbourhood Shopping Centre, City of Mississauga

Issues:
  • Market support for a neighbourhood shopping centre;
  • Impact on existing and unbuilt neighbourhood and convenience shopping centres; and
  • Adequacy of internal municipal market assessment review.
Synopsis:

In 1995, Gateshead Enterprises Limited (Gateshead) applied for a neighbourhood shopping centre designation on lands at the southeast corner of Mavis Road and Bristol Road West. Council ultimately approved a 50,000 sq. ft. configuration with a 24,000 sq. ft. supermarket but Mississauga planning staff opposed the application. Kee Group Inc., owner of several shopping centres and shopping centre sites in the area, also opposed the application.

Clayton Research's Role:

The City of Mississauga retained Dr. Frank A. Clayton, President of Clayton Research, to conduct a peer review of the market analyses, which had been prepared regarding the Gateshead Enterprises' application. The primary analyses were those conducted by the Real Estate Group of Coopers & Lybrand (now Price Waterhouse Coopers) and the City of Mississauga's Planning and Building Department.
Dr. Clayton gave detailed evidence to the Ontario Municipal Board to assist the Board in understanding the different methodologies contained within the market analyses reviewed.

Dr. Clayton gave evidence that:

  • The Coopers & Lybrand analysis was comprehensive;
  • The Coopers & Lybrand analysis provided a more solid basis for determining the market viability and the implications of the Gateshead application; and
  • Designing some over supply of supermarket and ancillary neighbourhood and convenience commercial retail space within an overall strategy for a study area is not unreasonable.
Results:

Mr. C.A. Beach, Chair of the Ontario Municipal Board panel that heard the case, approved Gateshead's application for a neighbourhood shopping centre. The Board stated it "prefers the proponent's market analyst report testimony…" This was because "the proponent's market analyst study was much more detailed and focused on a specific retail proposal".

OMB File Numbers 0960097 and 2950120

 

 
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