ADM Agri-Industries Company v. Midland (Town), 2021 CanLII 95035

Ontario Land Tribunal

Tribunal ontarien de l’aménagement

du territoire

ISSUE DATE:

October 1, 2021

CASE NO.:

PL200391

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant:

ADM Agri-Industries Company

Appellant:

Ed Boyd and Gloria Campbell

Appellant:

Hanson Development Group

Appellant:

Midland Bay Estates Inc.; and others

Subject:

Proposed Official Plan Amendment No. MD-OP-1901

Municipality:

Town of Midland

LPAT Case No.:

PL200391

LPAT File No.:

PL200391

LPAT Case Name:

ADM Agri-Industries Company v. Midland (Town)

BEFORE:

BLAIR S. TAYLOR

Friday, the 1st

MEMBER

day of October, 2021

THE TRIBUNAL ORDERS that in accordance with the provisions of section 17(50) of the Planning Act, R.S.O. 1990, c. P.13, as amended, the policies and Schedules of the Town of Midland Official Plan (“Midland OP”), as adopted by the Town on November 20, 2019 and as modified and approved by the County of Simcoe on August 11, 2020, being Exhibit “C” to the Affidavit of Kandas Bondarchuk included in the Motion Record marked as Exhibit “2” in these proceedings, are hereby modified in respect of Policy 7.21(d) as shown on Appendix 1 attached to and forming part of this Order and as modified are hereby approved, save and except to the extent that those policies and Schedules enumerated on Appendix 2 attached to and forming part of this Order (“Subject Policies”) remain under appeal on a site-specific or area-specific basis in respect of the lands identified on Appendix 3 attached to and forming part of this Order.

AND THE TRIBUNAL ORDERS that the partial approval of the Midland OP shall be strictly without prejudice to, and shall not have the effect of limiting: (a) the rights of a party to seek to modify, delete, or add to the unapproved policies and schedules in the Midland OP, or (b) the jurisdiction of the Tribunal to consider and approve modifications, deletions, additions, or exceptions to the unapproved policies and schedules in the Midland OP, on a site-specific or area-specific basis, as the case may be, provided that parties shall be bound by the commitments made by them to scope their appeals on a site-specific or area-specific basis. For greater certainty, the scoping of an appeal on a site-specific or area-specific basis shall not limit the rights of a party to raise issues respecting the planning merits of a given policy or Schedule more generally, except that the relief sought in respect of such a policy would be limited to site-specific or area-specific exemptions or modifications, as the case may be.

AND THE TRIBUNAL FURTHER ORDERS that the partial approval of the Midland OP shall remain subject to the Note contained at the top of the Matrix of Appeals at Appendix 2.

AND THE TRIBUNAL FURTHER ORDERS that notwithstanding the above, the Tribunal hereby retains jurisdiction to consider and approve modifications to any policies, schedules, maps, figures, definitions, tables associated text, etc., approved herein, as may be appropriate to dispose of any of the outstanding appeals before the Tribunal.

AND THE TRIBUNAL BOARD FURTHER ORDERS that the outstanding appeals in respect of the Midland OP, as depicted on Appendices 2 and 3 hereto, shall be determined through the hearing process or as otherwise consented to by the parties and approved by the Tribunal.

“Euken Lui”

EUKEN LUI

ACTING REGISTRAR

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.

Appendix 1

Modified Policy 7.21(d):

Applications for draft plans of subdivision and condominium, consents, zoning, site plans or minor variances, which are complete as of February 19, 2021, the date of approval of this Plan by the LPAT, and that conform with the previous Official Plan (as adopted in 2002, approved in 2003 and consolidated and amended as of April 4, 2019) are required to conform only with the policies in-force at the time of the complete application, until the date this Plan is amended pursuant to the County municipal comprehensive review.

Appendix 2

NOTE: The Town acknowledges that for policies denoted in the Matrix below as remaining under appeal on a site-specific or area-specific basis, these Appellants remain at liberty to seek modifications, exceptions, deletions or additions to the text of those policies as they apply to the site or area to which the appeal has been scoped, provided these Appellants shall be bound by the commitments made by them to scope their appeals on a site-specific or area-specific basis. The Town will not rely on the coming into force of a given policy or Schedule as a basis for opposing an appeal which has been scoped site-specifically or area-specifically, and its status will be treated the same as a Council-adopted policy or Schedule for purposes of that appeal. Likewise, the Town will not use the scoping of an appeal site-specifically or area-specifically as a reason to oppose changes on jurisdictional grounds but is, of course, at liberty to oppose the changes on their planning merits.

ADM Agri-Industries Company

Brooklea Golf and Country Club

Ed Boyd/ Gloria Campbell

Hanson Development Group

Midland Bay Estates Inc.

Pratt Development Inc./Barrie Financial Inc.

William Smith

POLICIES

See Note 1

See Note 2

See Note 2

See Note 2

See Note 2

See Note 2

See Note 2

3.1.2(c)

X

X

3.1.5

X

X

3.1.9

X

3.1.9(e)

X

3.1.12

X

3.2.3(b)

X

4.2

X

4.2.1

X

4.2.2 (all)

X

4.2.2(b)

X

4.2.2(d)

X

4.2.2(e)

X

4.3.2

X

4.4.2

X

4.4.5

X

4.5.3(c)(vi)

X

4.5.3(c)(ix)

X

X

X

X

4.5.3(g)

X

X

4.5.3(n)

X

4.5.3(q)

X

5.4.3

X

6.3.2(o)

X

X

6.4.2(e)

X

X

6.5.1(b)

X

6.5.5(g)

X

X

7.2.3(a)

X

7.5.2(b)

X

X

7.7.2

X

X

7.21

X

7.21(d)

X

7.21(f)(1)

X

7.21((f)(5)

X

7.21(f)(6)

X

SCHEDULES

See Note 1

See Note 2

See Note 2

See Note 2

See Note 2

See Note 2

See Note 2

Schedule A

X

X

X

X

Schedule B

X

X

X

X

Schedule C

X

X

X

X

X

X

Schedule D

X

Schedule E

X

Note 1

Under appeal area-specifically to the extent of the lands denoted on Appendix 2

Note 2

Under-appeal site-specifically as shown on Appendix 2

Appendix 3

Maps Showing Areas Remaining under Appeal