Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 28, 2021
CASE NO(S).: PL210159
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lynstrath Developments Inc.
Subject: Application amend Zoning By-law No. 84-63 - Refusal of Application by Municipality of Clarington
Existing Zoning: Urban Residential Exception Zone (R1-17)
Proposed Zoning: Site Specific (to be determined)
Purpose: To permit 28 townhouse dwelling units, 17 dual frontage and 11 traditional units, a private lane, water metre building and visitor parking spaces.
Property Address/Description: 3 Lawson Road
Municipality: Municipality of Clarington
Municipality File No.: 2019-0003
LPAT Case No.: PL210159
LPAT File No.: PL210159
LPAT Case Name: Lynstrath Developments Inc. v Clarington (Town)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lynstrath Developments Inc.
Property Address/Description: 3 Lawson Road
Municipality: Municipality of Clarington
Municipality File No.: S-C 2019-0000
LPAT Case No.: PL210159
LPAT File No.: PL210160
Heard: July 27, 2021 by Video Hearing ("VH")
APPEARANCES:
Parties
Counsel
Lynstrath Developments Inc.
M. McDermid
("Applicant")
Municipality of Clarington
K. Jennings
("Clarington")
Regional Municipality of Durham
R. Woon
("Durham")
MEMORANDUM OF ORAL DECISION DELIVERED BY BLAIR S. TAYLOR ON JULY 27, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Applicant had made a development proposal to Clarington with regard to the lands known municipally as 3 Lawson Road, seeking approval of a Zoning By-law Amendment ("ZBA") and a Draft Plan of Subdivision ("Draft Plan").
2Notwithstanding the recommendation of the Clarington Planning Staff to approve both the ZBA and the Draft Plan, Clarington Council denied the development applications and the Applicant appealed to the Tribunal.
3The Tribunal held a Case Management Conference ("CMC") at which it granted a request for party status, granted requests for participant status, heard a status update from the parties, gave directions with regard to the preparation and submission of a draft Procedural Order ("PO") and Issues List, dealt with all other required matters pursuant to Rule 19 of the Tribunal's Rules of Practice and Procedure and set a second CMC for Monday, September 27, 2021, all for the reasons set out below.
DECISION
4On consent, the Tribunal granted party status to Durham.
5On consent, the Tribunal granted participant status to Joanna Longworth, William Calder, Joseph Sobczak, and Roman and Elizabeth Sobczak, whose pre-filed Participant Status Request Forms are marked as Exhibits 3, 4, 5, and 6 respectively.
6The Tribunal was advised that Clarington is in the process of retaining outside consultants and thus had not been able to respond to the draft PO circulated by counsel for the Applicant.
7Counsel for Clarington told the Tribunal that they would complete the municipality's issues and provide them to counsel for the Applicant on or before Tuesday, August 31, 2021.
8Counsel for the Applicant indicated that she could have the completed draft PO to the Case Coordinator by a week later.
9As the issues for Clarington are outstanding, counsel recommended that the Tribunal set a second CMC for September 2021 at which time the draft PO and Issues List would be finalized and the parties would be in a more informed position to address the Tribunal's questions with regard to alternative dispute resolution and/or Tribunal-led mediation.
10The Tribunal set a second CMC for Monday, September 27, 2021 commencing at 10 a.m. by VH.
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11Parties 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
12Persons 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: Toll-Free 1-888-455-1389 or +1 (647) 497-9391. The Access Code is as indicated above.
13Individuals 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 VH 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.
14The Tribunal provided the following directions with regard to the completion of the draft PO.
15Clarington and Durham will provide their respective issues to counsel for the Applicant on or before Tuesday, August 31, 2021.
16The Tribunal tasks counsel for the Applicant to finalize the draft PO and on consent, submit it to the Tribunal's Case Coordinator on or before Tuesday, September 7, 2021.
17The Tribunal directs that the draft PO shall contain:
a. mandatory meetings of all like experts and the preparation of agreed statements of fact;
b. that a draft hearing plan shall be provided to the Tribunal at least 65 days in advance of the hearing date; and
c. that all documents and materials shall be provided in both electronic and hard copy formats, and the Joint Document Book shall be provided in hard copy at least 10 days prior to the hearing date.
18At the second CMC the Tribunal expects to consider the draft PO and Issues List, to hear a status update with regard to alternative dispute resolution or Tribunal-led mediation, and to hear submissions as to whether a hearing date should be set.
19There will be no further notice.
20I am not seized.
21Scheduling permitting, I may be available for case management purposes.
22This is the Order of the Tribunal.
"Blair S. Taylor"
BLAIR S. TAYLOR
MEMBER
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.