Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 10, 2021
CASE NO(S).: OLT-21-001101 OLT-21-001102
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Friends of South Shore (FOSS) Subject: Proposed Official Plan Amendment OPA2-2018 Description: To permit a 337-unit park model trailer site on a 38.6 hectare parcel of land along the shore of Soup Harbour Municipality: Prince Edward County Property Address: 558 Wellbanks Road OLT Lead Case No.: 21001101 OLT Case No.: 21001101 OLT Case Name: Friends of South Shore (FOSS) v. Prince Edward (County)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Friends of South Shore (FOSS) Subject: By-law No. Z25-18 Municipality: Prince Edward County Property Address: 558 Wellbanks Road OLT Lead Case No.: 21001101 OLT Case No.: 21001102
Heard: November 10, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Fourward Holdings Inc. | Patrick Harrington |
| County of Prince Edward | Darryl Mast and Jennifer Savini |
| Friends of South Shore (hereafter referred to as “FOSS”) | David Donnelly Justine Reyes – Articling Student |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON NOVEMBER 10, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of appeals by FOSS of the passing by the Council of Prince Edward County of an Official Plan Amendment (“OPA2-2018”) and a Zoning By-law Amendment (“ZBL Z25-18”) for the lands owned by Fourward Holdings Inc. and located at 558 Wellbanks Road (the “subject property”).
2The subject property comprises a 38.6 hectares land parcel along the shoreline of Soup Harbour. The Applicant proposes to develop the property with a 337-unit model trailer park.
3OPA2-2018 redesignates the lands from “Rural” to “Shore Land”. The purpose and effect of ZBL Z25-18 is to change the zoning of the property from Rural 2 (RU2) to Special Trailer Commercial (TPC).
Requests for Status
4The Tribunal received a Party Status Request Form from Helene Richer in advance of this CMC. Ms. Richer is a member of a non-incorporated group of residents who own homes in and around an area of the County known as Salmon Point. This is a rural area with approximately 50 homes, only a very few of which are occupied on a year-round basis. Vehicular access to the area is via a narrow dead-end roadway known as Salmon Point Road.
5The group calls itself the Friends of Salmon Point. The goals of the group are to keep area roads safe, protect the aquifer and respect the environment. Ms. Richer made deputations in opposition to the subject applications to County Council on July 25, 2019 and January 19, 2021, on behalf of the group.
6The Tribunal first explained that as the group is not incorporated, party status could only be granted to an individual member of the group. Second, based on the technical and scientific nature of the concerns outlined in Ms. Richers’ deputations to Council there would be an expectation that as a party, witnesses with expertise in traffic and environmental matters would be presented as witnesses.
7Ms. Richer confirmed that expert witnesses had not been retained, and she was uncertain whether they would be. In the circumstances, the Tribunal granted Participant status to Ms. Richer. However, if Ms. Richer decides to retain experts in the near future, she may request that the Tribunal change her status to party at the next CMC.
8The Tribunal also received Participant Status Request Forms and Statements from Patricia and Egils Gale, Henry Miller, and Alan Wallis, all of whom were present at the hearing, and granted Participant Status without objection.
9The parties are aware of the mediation services being offered by the Tribunal.
10Mr. Donnelly prepared and submitted a Draft Procedural Order (“DPO”) in advance of the CMC. The parties concur that in review of the preliminary Issues List a hearing of 15-days or more may be required. In the meantime, the parties will continue to work to finalize the DPO and agree that it would be appropriate to schedule a second CMC on the Tribunal’s calendar. Mr. Donnelly offered to canvass the availability of counsel for a date and subsequently provided that information to the Case Coordinator for scheduling purposes.
11The Tribunal has scheduled a second CMC by video hearing on Friday, January 14, 2022 at 10:00 a.m.
12The parties are expected to submit an updated DPO to the Tribunal’s Case Coordinator having carriage of this file in advance of the CMC. The parties 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:
https://global.gotomeeting.com/join/344779885
Access code: 344-779-885
13Parties 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
14Persons 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: +1 (647) 497-9373. The access code is 344-779-885.
15Individuals 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.
16This Member is not seized.
17No further notice will be given.
“M.A. Sills”
M.A. SILLS VICE-CHAIR
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.