Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 25, 2021
CASE NO(S).: PL200159 PL200484
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellants: Southwest Georgetown Landowners Group Inc., Georgetown Country Properties Ltd.
Applicant and Appellants: Lormel Developments (Georgetown) Ltd., Lormel Developments (Eighth Line) Ltd., and Ozner Corporation
Applicant and Appellant: Mattamy (Halton Hills) Ltd (formerly known as 2108393 Ontario Ltd., 2108394 Ontario Ltd., and Barrhaven Place Inc.)
Applicant and Appellant: Neamsby Investments Inc
Applicant and Appellants: Shelson Properties Ltd., and Coryville Construction Ltd.
Subject: Request to amend the Official Plan - Failure of the Town of Halton Hills to adopt the requested amendment
Existing Designation: Future Residential/Mixed Use
Proposed Designated: Residential/Mixed Use
Purpose: To permit the development of the lands for a new community comprised of residential, commercial, institutional, parks, and open space uses.
Property Address/Description: All lands subject to OPA
Municipality: Town of Halton Hills
Approval Authority File No.: D09OPA17.003
LPAT Case No.: PL200159
LPAT File No.: PL200159
LPAT Case Name: Southwest Georgetown Landowners Group Inc. v. Halton Hills (Town)
Heard: October 13, 2021 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel/Representative*
See Schedules A and B
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON OCTOBER 13, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal held its second Case Management Conference (“CMC”) with regard to PL200159 being the Official Plan Amendment (“OPA”) appeal filed by Southwest et al, and PL200484 being appeals against the Town adopted Official Plan Amendment OPA 32.
2At the first CMC requests for party status had been received from Milton Phase 4 (West) Landowners Group Inc. represented by Ms. Lyons, and a second group of Milton clients represented by Ms. Baker. Those requests for party status were left to be discussed among the parties and failing an agreement, that a Motion be brought.
3In the lead up to the hearing, the Tribunal received a draft Procedural Order and Issue List from the public authorities representing the Town, Region, Conservation Authority and both School Boards, and a draft Procedural Order and Issues List from Southwest (see Exhibits 1 and 2).
4Additionally in the lead up to the hearing, the Tribunal received the Joint Motion Record for party status from the two Milton landowner groups (Exhibit 3), a letter of support for the Motion from Southwest (Exhibit 4), Responses from the Town (Exhibit 5) and the Region (Exhibit 6) and a Reply (Exhibit 7).
5Finally, late on October 12, 2021, Southwest forwarded to the public authorities and the Tribunal, a revised draft Procedural Order and revised Hearing Plan (Exhibits 8A and 8B).
6The Tribunal dealt with all these matters, and set a Tribunal Motion date for Monday, November 8, 2021 concerning the requests for party status, and set a third CMC for Thursday, January 27, 2022 all for the reasons set out below.
MEDIATION
7The Tribunal was advised that Southwest had proposed to the Town and the public authorities that they engage in private mediation. Counsel for the Town indicated that he had instructions to be able to do so. Conceptually the plan is for the parties to be in private mediation for two weeks commencing November 22, 2021.
MOTION
8With regard to the Motion for party status, the Tribunal was advised that the Milton landowner groups were working with the Region to arrange a date for the examination of the Region’s affiant in Exhibit 6, and that they were looking for dates during the week of October 25th, and November 1st, 2021.
9With those dates in mind, counsel sought a one day Motion hearing, which the Tribunal set for Monday, November 8, 2021 commencing at 10 am by VH.
10There will be no further notice.
11I am not seized of this Motion.
CMC #3
12The Tribunal was requested by Southwest and others to set a hearing date and finalize the Procedural Order and Issues List. Counsel for Southwest noted that the application dates from 2017, and that it would be five years since the application was made if the Tribunal were to set a hearing date in 2022.
13Counsel for the Town responded that the most contentious issue appeared to be on the Natural Heritage System and that Exhibit 8A called for a 26 week hearing. In light of the fact that the Procedural Order and Issues List had not been finalized, and that the parties were headed to private mediation, it appeared premature to tie-up 26 weeks of the Tribunal’s hearing schedule, and that a third CMC in early 2022 would be the Town’s recommended next step.
14The Tribunal found it premature to schedule a 26 week hearing as there was a forthcoming Motion on party status, that as of yet there was no agreed draft Procedural Order and Issues List, that the parties were headed to private mediation in November, which might settle some issues and scope others, and potentially reduce the hearing length.
15Thus, the Tribunal set a third CMC for Thursday, January 27, 2022 commencing at 10 am by VH.
16There will be no further notice.
17I am not seized of the third CMC.
DIRECTIONS
18The Tribunal provided direction in response to the draft Procedural Orders and Issues Lists, and Hearing Plan (Exhibit 1, 2, 8A, and 8B).
19The Tribunal anticipates that the parties will utilize their best efforts and provide a revised and agreed upon, draft Procedural Order and Issues List, and a revised draft Hearing Plan which may include a proposal for a phased hearing, to the Case Coordinator on or before Thursday, January 20, 2022.
20At the third CMC, the Tribunal anticipates the following agenda items:
a. The Motion for Party Status update,
b. Update from the private mediation,
c. The revised draft Procedural Order and Issues List,
d. The revised draft Hearing Plan.
VIRTUAL HEARINGS
[21] The hearings are scheduled to proceed by video as follows: Monday, November 8, 2021 at 10:00 AM – 1 day https://global.gotomeeting.com/join/981431901 Access code: 981-431-901 Audio-only telephone line: +1 (647) 497-9373 Audio-only access code: 981-431-901
Thursday, January 27, 2021 at 10:00AM – 1 day https://global.gotomeeting.com/join/541856341 Access code: 541-856-341 Audio-only line: +1 (647) 497-9391 Audio-only access code: 541-856-341
22Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
23Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
24Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
25Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
26Scheduling permitting, I may be available for case management purposes.
27This is the Order of the Tribunal.
“Blair S. Taylor”
BLAIR S. TAYLOR
MEMBER
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.