Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
September 27, 2021
CASE NO(S).:
PL171210
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Claremont Development Corporation
Subject:
Application to amend Zoning By-law No. 3037 - Refusal or neglect of the City of Pickering to make a decision
Existing Zoning:
Oak Ridges Moraine Rural Agricultural (ORM-A); Oak Ridges Moraine Village Residential (ORM-R5); and Oak Ridges Moraine Environmental Protection (ORM-EP)
Proposed Zoning:
Site Specific (To be determined)
Purpose:
To permit a 27-lot residential subdivision
Property Address/Description:
5113 Old Brock Road
Municipality:
City of Pickering
Municipal File No.:
A9/90
OLT Case No.:
PL171210
OLT File No.:
PL171210
OLT Case Name:
Claremont Development Corporation v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Claremont Development Corporation
Subject:
Application to amend Zoning By-law No. 3037 - Refusal or neglect of the City of Pickering to make a decision
Existing Zoning:
Oak Ridges Moraine Rural Agricultural (ORM-A); Oak Ridges Moraine Village Residential (ORM-R5); and Oak Ridges Moraine Environmental Protection (ORM-EP)
Proposed Zoning:
Site Specific (To be determined)
Property Address/Description:
5113 Old Brock Road
Municipality:
City of Pickering
Municipal File No.:
A17/90
OLT Case No.:
PL171210
OLT File No.:
PL171211
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Claremont Development Corporation
Subject:
Proposed Plan of Subdivision - Failure of the City of Pickering to make a decision
Purpose:
To permit a 27-lot residential subdivision
Property Address/Description:
5113 Old Brock Road
Municipality:
City of Pickering
Municipal File No.:
18T-90016
OLT Case No.:
PL171210
OLT File No.:
PL171212
Heard:
September 24, 2021 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Claremont Development Corporation
M. Flowers
A. Lusty
City of Pickering
M. Joblin
Q. Annibale (absent)
Region of Durham
K. Ryan
R. Woon
Toronto and Region Conservation Authority
S. Heuchert*
David Masters
I. Flett
E. Gillespie (absent)
Claremont and District Community Association
Not present
Claremont Conservation Group
Not present
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON SEPTEMBER 24, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Case Management Conference (“CMC”) was convened to resume preparations for hearing the appeals by Claremont Development Corporation (“Applicant/Appellant”) to the absence of decisions by the City of Pickering on applications for Subdivision and Zoning By-law Amendment affecting 5113 Old Brock Road in the community of Claremont, City of Pickering.
2The applications propose 71 residential lots on this 38 hectare site designed with internal streets, private water and sewage services, storm water management, and parkland.
3The Parties are prepared to proceed having received the Decision of the Divisional Court dismissing David Masters’ appeal to an earlier Decision of the Tribunal on this file. Although leave to appeal the Divisional Court’s decision was underway, the Parties agreed there is no consequential stay of these proceedings and wished to prepare for a hearing of the Tribunal on the planning merits of these applications. Following this CMC, the Tribunal received the Court of Appeal’s Decision of September 24, 2021 dismissing Mr. Masters’ motion for leave to appeal.
PARTIES
4Two Parties – Claremont and District Community Association and Claremont Conservation Group – were not present at this CMC and are reported to have not participated in communications among the Parties in recent weeks.
5These two Parties are directed to advise the Tribunal and the other Parties within 14 days of this Decision’s issuance whether they: wish to remain a Party; intend to proffer witnesses at the hearing; will provide issues to the Applicant/Appellant for the Issues List (“IL”); or whether they wish to be changed to Participant status permitting the filing of a written statement only.
6The absence of response from these Parties will result in their respective removal from the hearing as a Party.
PARTICIPANTS
7At the first CMC in 2018 for this case, numerous persons were granted Participant status. Should any of those persons wish to file a written statement for consideration of the Tribunal in the eventual Decision on the merits, you are directed to submit the statement to the Tribunal and the Parties by the date to be identified in the Procedural Order (“PO”) that will be circulated later this year as indicated below.
PROCEDURAL ORDER
8The Parties are currently reviewing technical reports provided by the Applicant/Appellant and require additional time to obtain client instructions and to finalize the IL for the PO. The Parties agreed that they will establish a series of document exchange dates on consent, to be included in a draft PO prepared by the Applicant/Appellant. The Parties also confirmed that they anticipate a final IL on consent that the Applicant/Appellant will file in a completed draft PO to the Tribunal by Wednesday, December 15, 2021. The Tribunal so directed.
HEARING
9Although a final PO with IL is not available today, at the request of the Parties on consent, the Tribunal scheduled the requested three-week hearing. The Tribunal is satisfied on the advice of all counsel that, following information exchanges among their respective professionals, the final IL covering such matters as servicing, transportation, environment and good planning are likely to require a three-week hearing. On the Parties’ willingness to consider private mediation to narrow or resolve certain issues, the hearing length can be shortened in advance at the Parties’ request.
10The hearing will be held by video conference at 10 a.m. on Monday, August 22, 2022 for 14 days (not sitting on Labour Day, September 5, 2022). No further notice will be given.
11Parties 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/820237461
Access code: 820 237 461
12Parties 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.
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): 1 888 455 1389 or +1 (647) 497-9391. The access code is 820 237 461.
14Individuals 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.
ORDER
15This Member is not seized but will remain available for case management purposes subject to the Tribunal’s calendar.
16The rulings and directives set out in this Decision are so ordered.
“S. Tousaw”
S. Tousaw
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.