Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 23, 2021

CASE NO(S).: PL200513

The Ontario Municipal Board (the “OMB”) and the Local Planning Appeal Tribunal (the “LPAT”) is continued under the name Ontario Land Tribunal (the “Tribunal”), and any reference to the Ontario Municipal Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Subject: Site Plan

Property Address/Description: 105 Brandy’s Island Road

Municipality: Township of Georgian Bay

LPAT Case No.: PL200513

LPAT File No.: PL200513

LPAT Case Name: Brandon v. Georgian Bay (Township)

Heard: April 22, 2021 by video hearing

APPEARANCES:

Parties Gordon Brandon

Counsel*/Representative A. Jeanrie*

Parties Township of Georgian Bay

Counsel*/Representative No one appeared

MEMORANDUM OF ORAL DECISION DELIVERED BY N.P. ROBINSON ON APRIL 22, 2021 AND ORDER OF THE TRIBUNAL

1This matter involves an appeal under s. 41(12) of the Planning Act due to the Township of Georgian Bay's (“Township”) failure to approve the subject Site Plan Amendment application (the "Municipal Application") within thirty (30) days of receipt.

2The Municipal Application outlines the location of a Ministry of Environment, Conservation and Parks ("MECP") approved sewage treatment system (the "Treatment System"). The requested approval of the Municipal Application would permit the construction of the Treatment System which is designed to service part of a property known municipally as 105 Brandy Island Road, Honey Harbour (the "Property").

3The effect of the Municipal Application will be to replace an existing holding tank sewage disposal system that services a marina on the property with a new sewage treatment unit. The Treatment System has been approved by the MECP through the issuance of an Environmental Compliance Approval ("ECA”) dated May 27, 2020.

4The Appellant seeks the approval of the site plan detailed in the draft Amending Agreement ("Agreement") which was prepared by the Township for consideration at the September and October 2020 Township of Georgian Bay Council Meetings (“Council”).

Party Status Request

5The Tribunal received a party status request from Eastern Georgian Bay Protective Society Inc. (“the Participant”) but participant status was ultimately granted. The Participant argued that party status ought to be awarded in light of (a) the impact that the development could have on the environment and neighbouring cottagers and residents and (b) the fact that the Participant could assist the Tribunal in adjudicating the within matter given the absence of the Township at the hearing.

6After lengthy submissions from both parties, the Tribunal found that the Participant’s interest did not rise to that of a party in light of the fact that the Tribunal is tasked with addressing the narrow issue of a Site Plan amendment—namely the location of a sewage system.

PART II—SUMMARY OF FACTS

7Brandy's Island is the site of an active marina, with docking facilities for 107 boats, of which 80 boat slips require pumpouts and the remaining 27 slips have no pumpouts. The site, which is proposed to be serviced by the Treatment System also contains office/washroom facilities, boat storage and storage sheds. The site is currently serviced by a series of holding tanks allowing for off-site haulage and disposal.

8The Municipal Application will have the effect of replacing the existing holding tank sewage disposal system with a new sewage treatment unit that will provide treatment for part of the site. The Treatment System has been approved by the MECP through the issuance of an ECA dated May 27, 2020.

9While the size of the Treatment System is less than 10,000 litres/day, it is subject to MECP approval, rather than an Ontario Building Code ("OBC")/municipal approval, since the marina is part of a larger site and parts of the property generate more than 10,000 litres/day. The total daily design sewage flow for the marina is 1,000 litres/day, which is similar to the size of a septic system for a two bedroom dwelling. Ministry approval provides for a more detailed and heightened review, and also provides for regular monitoring of the performance of the Treatment System and maintenance of the system, that are not normally required for an OBC and municipal septic approval.

Site Plan Application

10The marina has been subject to Site Plan agreements with the Township as far back as 2002 and as recently as 2013. The Municipal Application before the Tribunal is an amendment to the existing 2013 Site Plan Approval.

11The property is typical of many of the marinas in the surrounding area. There is no increase in the size of the marina facility or the intensity of use on the site resulting from this Municipal Application. The Municipal Application is strictly to permit the location of a new state of the art tertiary sewage treatment system on the Property to replace the existing holding tank system.

12The Municipal Application was submitted on February 19, 2020. Following submission of the application, Council decided to have the supporting engineering report peer reviewed, and deferred approval of the application. The matter came back before