Earls Road Developments Limited v. Muskoka (District Municipality), 2021 CanLII 94960

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: October 01, 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

OLT Case No.: PL200170

OLT File No.: PL200170

OLT Case Name: Earls Road Developments Limited v. Muskoka (District Municipality)

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Earls Road Developments Limited

Subject: Application to amend Zoning By-law No. 2008-66P - Neglect of the Town of Huntsville to make a decision

Existing Zoning: “Rural One”, “Residential Four (R4)” and “Residential Four – Holding (R4-H)”

Proposed Zoning: To be determined

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.: Z/11/2020/THE

OLT Case No.: PL200170

OLT File No.: PL210218

Heard: September 22, 2021 by video hearing

Parties and Counsel

Earls Road Development Limited Lee English and Emma Blanchard (in absentia)

District Municipality of Muskoka John Ewart

Town of Huntsville John Ewart

MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON SEPTEMBER 22, 2021 AND ORDER OF THE TRIBUNAL

1This was the third Case Management Conference (“CMC”) in the matter of appeals by Earls Road Development Inc. from the failure of the District Municipality of Muskoka (the “District”) to make a decision on an application for a plan of subdivision, and the failure of the Town of Huntsville (the “Town”) to make a decision on an application for a zoning by-law amendment for the lands located at 175 Earls Road in the Town of Huntsville, in the District Municipality of Muskoka.

2As directed by the Tribunal at the first CMC Mr. Ewart submitted a revised Issues List (“IL”) in advance of this CMC. Counsel concurs with the Tribunal that the IL requires further refinement. In particular, the Tribunal noted that some of the issues listed by the District and the Town are based on assumed outcomes and/or are posed in the negative context, while others can be resolved through conditions of draft plan approval.

3Mr. Ewart agreed that the IL should be returned to District and Town staff for further review and refinement. All counsel are expected to engage in the preparation and finalization of the draft Procedural Order (“DPO”) for submission to and the approval of the Tribunal. If the parties cannot agree on certain aspects of the DPO, including the IL, the Case Coordinator is to be contacted.

4At the request of the parties, the Tribunal has scheduled a 15-day video hearing commencing on Monday, August 8, 2022 at 10 a.m.

5Parties 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/895823341

Access code: 895 823 341

6Parties 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.

7Persons 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 895 823 341.

8Individuals 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.

9No further notice will be provided.

10This Member is not seized but may be available for case management purposes.

“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.