Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2021
CASE NO(S).: PL200651
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Whitby Brock Estates Inc.
Subject: Request to amend the Official Plan - Failure of Town of Whitby to adopt the requested amendment
Existing Designation: "Mixed use" - Town's OP; "Medium Density Residential" - DSP
Proposed Designated: "High Density Residential"
Purpose: To permit the development of a 7-storey residential apartment building comprised of 119 residential units with an overall height of 26.45 m
Property Address/Description: 423-435 Brock Street North
Municipality: Town of Whitby
Approval Authority File No.: OP-2019-W/05
LPAT Case No.: PL200651
LPAT File No.: PL200651
LPAT Case Name: Whitby Brock Estates Inc. v. Whitby (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Whitby Brock Estates Inc.
Subject: Application to amend Zoning By-law No. 2585 - Neglect of Town of Whitby to make a decision
Existing Zoning: “Residential 4 - Downtown (H-R4-DT", "(H)"
Proposed Zoning: "Residential 6 - Downtown (R6-DT)"
Purpose: To permit the development of a 7-storey residential apartment building comprised of 119 residential units with an overall height of 26.45 m
Property Address/Description: 423-435 Brock Street North
Municipality: Town of Whitby
Municipality File No.: Z-19-19
LPAT Case No.: PL200651
LPAT File No.: PL200652
Heard: September 23, 2021 via video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Whitby Brock Estates Inc. | Michael Cara Chris Tanzola |
| Town of Whitby Regional Municipality of Durham |
Andrew Biggart Robert Woon |
MEMORANDUM OF ORAL DECISION BY T.F. NG ON SEPTEMBER 23, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second case management conference (“CMC”) held as a video hearing for the appeals of Whitby Brock Estates Inc. (the “Appellant”). The Appellant had filed a development application for lands municipally known as 423-435 Brock Street North (‘subject lands’) located in the Town of Whitby (“Town”) and is proposing the development of a seven-storey apartment building comprising 119 residential units being a mixture of one, two, and three-bedroom units. The proposal required an official plan amendment and a zoning by-law amendment.
2The Town did not deal with the applications within the statutory time period, hence the Appellant appealed under s. 22(7) and s. 34(11) of the Planning Act.
DRAFT ISSUES LIST AND DRAFT PROCEDURAL ORDER
3Counsel for the Appellant and the Town have furnished a draft Procedural Order with a revised Issues List and a draft hearing plan. The draft Procedural Order will be finalized with the essential timelines inserted upon the fixing of a five-day hearing which the parties jointly requested. The parties expect to be able to further scope the issues and prepare the Procedural Order within two weeks of this CMC. Parties further requested a final CMC to report on the status of the matter before the scheduled hearing.
4The Tribunal directs that the Procedural Order with the essential timelines filled in and the Issues List be exchanged and forwarded to the Tribunal’s Case Coordinator on or before October 8, 2021.
5This matter will be scheduled for a five-day hearing commencing on Monday, March 21 to Friday March 25, 2022. The Appellant will have two expert witnesses and the Town will call two expert witnesses, while the Region will not call any witness.
6A final CMC for the parties to update the Tribunal on the status of this matter will be fixed on February 7, 2022.
HEARING TECHNICAL DETAILS
7This matter will be fixed for a final case management conference on Monday, February 7, 2022 by video hearing at 10 a.m.
8Parties and participants 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/721386509
Access code: 721 386 509
9Parties 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
10Persons 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): 1 888 299 1889 or +1 (647) 497-9373. The access code is 721 386 509.
11Individuals 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.
12The hearing is scheduled for five days commencing on Monday, March 21, 2022 by video hearing at 10.a.m.
https://global.gotomeeting.com/join/575624485
Access Code: 575 624 485
13Persons 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): 1 888 299 1889 or +1 (647) 497-9373. The access code 575 624 485.
ORDER
14The Tribunal orders as follows:
The Procedural Order and the Issues List shall be delivered to the Tribunal’s Case Coordinator on or before Friday, October 8, 2021.
The Procedural Order with the attached Issues List will additionally govern the proceedings.
A final case management conference is fixed on Monday, February 7, 2022 for the parties to update the Tribunal on the status of the appeals.
The hearing is fixed for five days commencing on Monday, March 21, 2022 and ending on Friday, March 25, 2022.
15There will be no further notice.
16The Member is not seized.
“T.F. Ng”
T.F. NG
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.