Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 09, 2021
CASE NO(S).: PL200570
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Autumn Ducharme
Subject: By-law No. #60-2020
Municipality: Town of South Huron
LPAT Case No.: PL200570
LPAT File No.: PL200570
LPAT Case Name: Ducharme v. South Huron (Town)
Heard: July 30, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Municipality of South Huron
Ed Veldboom
Autumn Ducharme
Did not appear
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON JULY 30, 2021 AND ORDER OF THE TRIBUNAL
1This was the hearing of the merits of an appeal by Autumn Ducharme (“Appellant”) under s. 34(19) of the Planning Act for a Zoning By-law Amendment (“ZBA”) by the Municipality of South Huron (“Municipality”).
2The Municipality passed Zoning By-law No. 60-2020 to amend the previously passed Zoning By-law No. 69-2018. The purpose of the ZBA is to modify section 3.38 to remove the setback requirements for structures from open municipal drains, sinkholes, natural watercourses and Lake Huron. In replacement is a 10 metre requirement that all structures cannot be built closer to the top-of-bank of the working side of an open municipal drain.
3During the Case Management Conference on June 10, 2021 the Appellant failed to appear. The Tribunal Case Coordinator made contact with her at the time and she acknowledged receiving the notice of the Hearing but would not be attending. The proceedings commenced without the Appellant and a date for the hearing of the merits was set for July 30, 2021.
4The Appellant failed to appear at the hearing of the merits. The Tribunal stood down to give the Appellant additional time to join the proceedings. During that recess the Tribunal Case Coordinator made several attempts to reach out to the Appellant who did not respond.
5It is the duty and the obligation of the Appellant to participate or give consent to be represented by another individual and bring evidence to the proceedings. With the lack of participation or planning evidence the Tribunal has determined that the Appellant has abandoned their appeal. The appeal is therefore dismissed.
6Mr. Veldboom, counsel for the Municipality, inquired if the Tribunal would be giving an oral order regarding costs. Any request for cost shall be made in writing in accordance with the Tribunal’s Rules.
7So Orders the Tribunal.
“Steven Cooke”
STEVEN COOKE
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.