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Procedural order issued to govern 60-day hearing for Nelson Quarry expansion appeals.
The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals by Nelson Aggregate Co. regarding the proposed expansion of the Nelson Quarry in Burlington.
The order establishes the hearing schedule, issues list, and procedural requirements for the 60-day hearing scheduled to commence on March 4, 2025.
Tribunal grants party and participant status and schedules a 7-day hearing for a development appeal.
This was the first Case Management Conference concerning an appeal by Format Lakeshore Inc. against the Town of Oakville's failure to adopt requested Official Plan and Zoning By-law amendments for an 11-storey mixed-use building.
The Tribunal granted party status to the Regional Municipality of Halton and Frastell Associates Inc., and participant status to Lorna Sinclair and Arbour Memorial Inc. The Tribunal also approved a Procedural Order and scheduled a seven-day video hearing to commence on February 18, 2025.
Tribunal approves minor technical revisions and conditions for a draft plan of subdivision and zoning amendment.
The applicant appealed the City of Burlington's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision.
Following a settlement and an interim approval, the parties sought an order for minor technical revisions to the approved instruments and the approval of Conditions of Draft Plan Approval.
Relying on uncontested expert planning evidence, the Tribunal found the revisions to be minor and prudent, and the conditions to be appropriate and in accordance with section 51 of the Planning Act.
The Tribunal approved the revised instruments and attached the conditions, withholding its final order pending confirmation of a regional servicing allocation.
Settlement approved for mixed-use subdivision; zoning and draft plan approved subject to conditions.
The applicant appealed the City of Burlington's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to facilitate a mixed-use community.
The parties reached a settlement agreement prior to the hearing.
Based on uncontested expert land use planning evidence, the Tribunal found the revised instruments consistent with provincial policies and in conformity with applicable official plans.
The Tribunal allowed the appeals in part, approving the Draft Plan of Subdivision subject to conditions and approving the Zoning By-law Amendment in principle, withholding the final order pending confirmation of servicing allocation.
Fourth Case Management Conference scheduled to allow parties to finalize settlement or procedural order.
The appellant appealed the City of Burlington's failure to make a decision on applications for a zoning by-law amendment and draft plan of subdivision within the statutory timeframe.
At the third Case Management Conference, the parties advised that they were engaged in settlement discussions following the adoption of a related Secondary Plan.
The Tribunal scheduled a fourth Case Management Conference to either consider a settlement agreement or finalize a procedural order and issues list.
Minor variances for home enlargement and private wastewater force-main authorized following municipal settlement.
The applicants sought minor variances to enlarge their home and replace a garage, requiring a private force-main connection to municipal wastewater services instead of a septic system.
The Town of Oakville and the Regional Municipality of Halton appealed the Committee of Adjustment's approval due to servicing concerns.
The parties reached a settlement, agreeing to conditions for the private wastewater force-main.
The Tribunal accepted uncontested expert planning evidence that the variances met the four tests under the Planning Act and authorized the variances subject to the agreed conditions.