Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 05, 2021
CASE NO(S).: PL210159
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lynstrath Developments Inc.
Subject: Application amend Zoning By-law No. 84-63 - Refusal of Application by Municipality of Clarington
Existing Zoning: Urban Residential Exception Zone (R1-17)
Proposed Zoning: Site Specific (to be determined)
Purpose: To permit 28 townhouse dwelling units, 17 dual frontage and 11 traditional units, a private lane, water metre building and visitor parking spaces.
Property Address/Description: 3 Lawson Road
Municipality: Town of Clarington
Municipality File No.: 2019-0003
LPAT Case No.: PL210159
LPAT File No.: PL210159
LPAT Case Name: Lynstrath Developments Inc. v Clarington (Town)
PROCEEDING COMMENCED UNDER subsection 51(39) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lynstrath Developments Inc.
Property Address/Description: 3 Lawson Road
Municipality: Town of Clarington
Municipal File No.: S-C 2019-0000
LPAT Case No.: PL210159
LPAT File No.: PL210160
Heard: September 27, 2021 by video hearing (“VH”)
APPEARANCES:
| Parties | Counsel/Agent* |
|---|---|
| Lynstrath Developments Inc. | Meaghan McDermid |
| Municipality Clarington Region of Durham |
Paul DeMelo Robert Woon |
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON September 27, 2021 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the second Case Management Conference (“CMC”) respecting an appeal by Lynstrath Developments Inc. (Esquire Homes), which proposes to amend Zoning By-law No. 84-63 to facilitate a Draft Plan of Subdivision application and future Condominium application.
2Paragraph 18 of the decision respecting the first CMC, held July 27, 2021, set the expectations for this CMC:
[18] At the second CMC the Tribunal expects to consider the draft PO and Issues List, to hear a status update with regard to alternative dispute resolution or Tribunal-led mediation, and to hear submissions as to whether a hearing date should be set.
3Regarding resolution efforts, the parties informed the Tribunal that they are open to resolution, but do not expect to pursue Tribunal-led mediation.
4Regarding the draft PO and Issues List, the parties had submitted a draft prior to the CMC but also informed the Tribunal that they had further scoped the issues since the draft was submitted. Counsel for the Appellant promised to provide a revised draft, complete with hearing dates set by the Tribunal at this CMC, by the end of the week (October 1, 2021).
5The Tribunal received and reviewed the revised draft PO and Issues List, and finds it acceptable, and so the proceedings shall be governed by it (see Attachment 1).
HEARING
6Upon request of the parties, the Tribunal set a 5-day hearing commencing on Monday, March 14, 2022 at 10 a.m. by VH.
7Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/740557165
Access Code: 740-557-165
8Parties 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.
9Persons 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 (647) 497-9391 or 1 888 455 1389. The Access Code is as indicated above.
10Individuals 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 VH 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
11The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The Procedural Order appended as Attachment 1 shall govern the proceedings;
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
Ontario Land Tribunal
Website: www.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.