Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 09, 2021
CASE NO(S).:
PL200170
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Earls Road Developments Limited
Subject:
Proposed Plan of Subdivision - Failure of the District Municipality of Muskoka to make a decision
Purpose:
To permit the development of a plan of subdivision consisting of 287 single detached residential lots and nine (9) multiple residential blocks, each to contain a maximum number of 72 units, for a total of 935 residential units
Property Address/Description:
174 Earls Road/Part of Lot 17, Concession 3, being Part 1 on Plan 35R-6151, Geographic Township of Chaffey, Town of Huntsville, District Municipality of Muskoka
Municipality:
Town of Huntsville
Municipality File No.:
S2019-8
LPAT Case No.:
PL200170
LPAT File No.:
PL200170
LPAT Case Name:
Earls Road Developments Limited v. Muskoka (District Municipality)
Heard:
August 6, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Earls Road Development Limited
Emma Blanchard and Lee English
District Municipality of Muskoka
John Ewart
Town of Huntsville
John Ewart
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON AUGUST 6, 2021 AND ORDER OF THE TRIBUNAL
1This was the second Case Management Conference (“CMC”) in the matter of an appeal by Earls Road Development Inc. (the “Applicant/Appellant”) from the failure of the Council of the District Municipality of Muskoka (the “District”) to make a decision in regard to a Draft Plan of Subdivision for the lands municipally described as Part of Lot 17, Concession 3, being Part 1 on Plan 35R-6151, the Geographic Township of Chaffey, Town of Huntsville (the “Town”) in the District Municipality of Muskoka, and municipally known as 175 Earls Road (the “Subject Lands”).
2Following from the first CMC, counsel to the Applicant/Appellant confirmed that the administrative processing of her client’s appeal from the failure of the Council of the Town to make a decision on a related application for a zoning by-law amendment (“ZBA”) has been completed (File PL210218). With the concurrence of the parties, the proceedings in Files PL200170 and PL210218 are consolidated under Rule 16.2 of the Tribunal’s Rules of Practice and Procedure.
3The Applicant, through counsel, is requesting that 15-days be set aside on the Tribunal’s calendar at the first opportunity for the hearing of these appeals. However, as the Tribunal has not yet been provided with a Draft Procedural Order (“DPO”), and in particular, an Issues List (“IL”), it is premature to set a date for the hearing on the merits. Before scheduling a hearing of this length, the Tribunal must first be satisfied that the number of days being requested is either necessary, or sufficient to hear the appeals.
4Although the Tribunal can appreciate that some time may have passed since the subdivision application was filed with the municipality, the Tribunal received that appeal on April 28, 2020, and the ZBA appeal, more recently.
5Furthermore, Mr. Ewart, who is now representing both the Township and the District confirmed that he only received the DPO the evening prior to this CMC.
6In response to an inquiry from the Tribunal, Mr. Ewart indicated he could complete his review and be in a position to comment on the of DPO and IL by mid-September 2021.
7Accordingly, Mr. Ewart is to complete his review of the DPO and provide comments as necessary by no later than Friday, September 17, 2021.
8A further CMC by video hearing has been scheduled on Wednesday, September 22, 2021 commencing at 10 a.m.
9Parties 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/785275973
Access code: 785 275 973
10Parties 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.
11Persons 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 785 275 973.
12Individuals 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.
13This CMC has been scheduled in the event the Tribunal’s assistance is required to finalize the required DPO. If the finalized DPO is on consent, it is to be submitted to the Case Coordinator having carriage of the original file for the review and consideration of the Tribunal. Once the Tribunal is satisfied that the number of hearing days being requested is appropriate and necessary, the Tribunal will proceed to schedule the hearing on the merits. After the start date of the hearing is confirmed the DPO is to be finalized and submitted to the Tribunal for review and issue.
14This Member is not seized but may be available for case management purposes.
15No further notice will be provided.
“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.