Noémie Ducret

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the Town of Perth and the County of Lanark for their failure to make decisions on a Zoning By-law Amendment and a Draft Plan of Subdivision within the statutory timeframes.

The applications propose a 94-unit residential development.

The Tribunal scheduled a five-day hearing for November 2024 and directed the parties to finalize a Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellant against the Town of Perth and the County of Lanark for their failure to make decisions on a zoning by-law amendment and a plan of subdivision within the statutory timeframes.

The Tribunal granted participant status to two interested parties on consent.

A second Case Management Conference was scheduled to allow the parties to continue settlement discussions and narrow the issues, and the parties were directed to file a draft Procedural Order.

The applicant sought substantial indemnity costs against the appellant following the dismissal of the appellant's appeals regarding official plan and zoning by-law amendments.

The applicant argued that the appellant persistently violated the Procedural Order and that the appeals were frivolous, in bad faith, and brought for a collateral purpose.

The Tribunal found that the appellant did not breach the Procedural Order, having provided adequate notice for withdrawing issues and a witness.

The Tribunal also found no evidence of frivolous, vexatious, or bad faith conduct, concluding that the appellant raised valid planning issues.

The motion for costs was dismissed.

The appellant community association appealed the City of Ottawa's approval of a Zoning By-law Amendment and Official Plan Amendment to permit a six-storey residential care facility.

The appellant argued that the Future Land Use Study was incomplete from a transportation perspective and that the development was premature due to existing transportation deficiencies.

The Tribunal dismissed the appeal, finding that the proposed development would have a minimal impact on traffic, that the developer is not responsible for fixing existing municipal transportation deficiencies, and that the amendment is consistent with the Provincial Policy Statement and conforms to the Official Plan.

The Tribunal held a first Case Management Conference regarding an appeal by the Upper Hunt Club Community Association against the City's approval of Official Plan and Zoning By-law Amendments for a residential care facility.

The parties resolved most of the draft Procedural Order but disputed four items on the Issues List.

The Tribunal ruled on the contested issues, striking speculative and redundant language, finalized the Issues List, and scheduled a five-day video hearing.