Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 07, 2021
CASE NO(S).: PL101131
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 451082 Ontario Limited
Subject: Request to amend the Official Plan - Failure of Township of Springwater to adopt the requested amendment
Existing Designation: "Rural" and "Constraint and Hazard Land"
Proposed Designated: "Urban Residential"
Purpose: To permit residential development
Property Address/Description: 2872 Old Second South Road
Municipality: Township of Springwater
Approval Authority File No.: OP-2008-007
LPAT Case No.: PL101131
LPAT File No.: PL101131
LPAT Case Name: 451082 Ontario Limited v. Springwater (Township)
Heard: June 3, 2021 by telephone conference call
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| 451082 Ontario Limited | James Feehely |
| Township of Springwater | Lia Boritz |
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON JUNE 3, 2021 AND ORDER OF THE TRIBUNAL
1This telephone conference call was for the purpose of updating the Tribunal on the status of an appeal by 451082 Ontario Limited (the “Appellant”) from the failure of the Township of Springwater (“Township”) to adopt a site-specific amendment to the Township Official Plan (“OPA 38”) for its lands located at 2872 Old Second South Road.
2The Township thereafter adopted OPA 38 on November 3, 2008, but the County of Simcoe did not approve OPA 38 until 2011. The historical background to the current appeal is well documented in the Decision of Member Ballagh from the May 7, 2020 hearing event issued on May 8, 2020.
3James Feehely, counsel for the Appellant, updated the Tribunal on the progression of this appeal since last reported on May 7, 2020. At that time, the appeal by the Ministry of Municipal Affairs and Housing (“MMAH”) of the adoption by the County of Simcoe of OPA 38 was still alive. The MMAH has now withdrawn the appeal, effectively clearing the path for the advancement of the present appeal.
4The requisite studies are in advanced stages and are anticipated to be completed within the next few months. As the outcome of these studies could result in the appeal being withdrawn, the parties have requested permission to provide a further update to the Tribunal in about three months’ time.
5The Tribunal is satisfied that the parties are continuing to work proactively to the finalization of the matter and will grant the extension requested.
6Accordingly, Mr. Feehely is directed to report back to the Tribunal no later than Thursday, September 30, 2021.
7No further notice will be provided.
8This Member is not seized.
“M.A. Sills”
M.A. SILLS VICE-CHAIR
Ontario Land Tribunal Website: www.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