Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 08, 2021
CASE NO(S).:
PL210240
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Atlantic Packaging Holdings Ltd. & Products Ltd.
Appellant:
Gerdau Ameristeel Corporation
Subject:
By-law No. BL 7729-21
Municipality:
Town of Whitby
LPAT Case No.:
PL210240
LPAT File No.:
PL210240
LPAT Case Name:
Atlantic Packaging Et Al v. Whitby (Town)
Heard:
August 31, 2021 by video hearing
APPEARANCES:
Parties
Counsel
Town of Whitby
Warren Mar
Atlantic Packaging Holdings Ltd. and Atlantic Packaging Products Ltd.
Andrew Jennrie
Gerdau Ameristeel Corporation
John Georgakopoulos Alessia Petricone-Westwood
MEMORANDUM OF ORAL DECISION DELIVERED G.C.P. BISHOP ON AUGUST 31, 2021 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (“CMC”) with respect to appeals by Atlantic Packaging Holdings Ltd. and Atlantic Packaging Products Ltd. (collectively “Atlantic”) and Gerdau Ameristeel Corporation (“Gerdau”) against the passing of By-law No. 7729-21 (the “By-law”), by Council for the Town of Whitby (the “Town”), affecting a property known municipally as 1578 Victoria Street East (“subject property”), in the Town.
2The purpose of the By-law is to permit the construction of a six (6)-storey and a five (5)-storey hotel, after matters specified by the “H” holding symbol are satisfied. The By-law would allow the hotel use to be added together with greater height permissions for the subject property.
3The subject property is located south of Highway 401, west of Thickson Road South and north and east of Victoria Street East, which wraps around the subject site on two sides.
4The main issue is the introduction of a tall sensitive land use receptor within the area of influence to the industrial uses in the surrounding area. The concerns of counsel for the two Appellants relate to noise, air quality, dust and visual impact of their client’s operations in relation to the proposed development on the subject lands.
5Both counsel for Atlantic and Gerdau expressed an interest in Tribunal led mediation, given the types of technical reports required and the sensitivity around confidentiality for their respective clients. Counsel for Atlantic and Gerdau stated that the technical reports are being completed with timelines for delivery, sometime in the next three (3) to four (4) weeks.
6Warren Mar, Counsel for the Town sees merit in the mediation process but finds that it may be awkward negotiating in the absence of 2649408 Ontario Limited (the “Applicant”). Mr. Mar stated that the Town will rely on their internal staff, for planning and engineering advice, to review the technical reports produced by the Appellants but the Applicant may not be satisfied with the outcome of those potential negotiations.
7Michael Fry, a Planner with the firm of D. G. Biddle & Associates Ltd., submitted the application to amend the Zoning By-law for the subject property and was in attendance today but stated that he was given no direction from the Applicant in advance of this hearing.
8Although there is no guarantee that Tribunal led mediation will be accepted through the mediation assessment process, the Tribunal does agree with the parties and sees merit in applying. Even in the event the Applicant does not wish to participate, the Town will have technical reports that were not available at the time of the Council decision, which may assist in a settlement on this matter or, at the very least, a better understanding of the issues.
9The Tribunal has set aside time for a Telephone Conference Call (“TCC”) on Tuesday, September 28, 2021, commencing at 9 a.m.
10Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the code 1006967#to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
11The purpose of the TCC is to get an update from the parties with respect to potential mediation. The Tribunal also directs the parties to work toward an Issues List and Procedural Order so that this matter can be scheduled for a hearing on the merits at this TCC event.
12The Tribunal asks the Applicant to inform the parties and the Tribunal if they wish to participate in this matter prior to the scheduled TCC. The Tribunal does see merit in their participation.
13For continuity, I will stay seized of the TCC but not of the hearing on the merits.
14There will be no further notice.
15It is so Ordered.
“G.C.P. Bishop”
G.C.P. BISHOP
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.