Ontario Land Tribunal
ISSUE DATE: July 26, 2021
CASE NO(S).: PL180416
The Ontario Municipal Board (the "OMB") and the Local Planning Appeal Tribunal (the "LPAT") is continued under the name Ontario Land Tribunal (the "Tribunal"), and any reference to the Ontario Municipal Board or Board or Local Planning Appeal Tribunal in any publication of the Tribunal is deemed to be a reference to the Tribunal.
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CRH Canada Group Inc. Subject: Request to amend the Official Plan - Failure of Township of Tiny to adopt the requested amendment Existing Designation: 'Rural', 'Environmental Protection II' and 'Mineral Aggregate Resource II' Proposed Designated: 'Mineral Aggregate Resources I' Purpose: To permit the expansion of the existing gravel pit Property Address/Description: 2 Darby Road Municipality: Township of Tiny Approval Authority File No.: '12/D09' (DS #36243) OMB Case No.: PL180416 OMB File No.: PL180416 OMB Case Name: CRH Canada Group Inc. v. Tiny (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CRH Canada Group Inc. Subject: Application to amend Zoning By-law No. 06-001 and 30-77 - Refusal or neglect of Township of Tiny to make a decision Existing Zoning: Rural (RU) Zone, Rural (A) Zone and Holding Low Hazard (OS4) Zone Proposed Zoning: Mineral Aggregate (MAR) Zone and Extractive Industrial (M5) Zone Purpose: To permit the expansion of the existing gravel pit Property Address/Description: 2 Darby Road Municipality: Township of Tiny Municipality File No.: '12/D14' (DS#36242) OMB Case No.: PL180416 OMB File No.: PL180417
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended
Referred by: CRH Canada Group Inc. Objector: Blake & Brenda Anderson Objector: Peter & Jeanette Anderson Objector: Erin Archer Objector: Murray Archer; and others Applicant: Jessica Ferri Subject: Application for a Class A licence for the removal of aggregate Property Address/Description: 2 Darby Road Municipality: Township of Tiny LPAT Case No.: PL180416 LPAT File No.: MM210011
Heard: July 23, 2021 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| CRH Canada Group Inc. ("Appellant") | Jonathan W. Kahn Brittiny Rabinovitch |
| Township of Tiny ("Township") | Sarah Hanh |
| Federation of Tiny Township Shoreline Associations ("FoTTSA") | Joseph Castrilli |
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the ninth Case Management Conference ("CMC") with respect to appeals by CRH Canada Group Inc. under s. 22(7) and s. 34(11) of the Planning Act ("Act") regarding the failure of the Township of Tiny to make a decision on applications for amendments to the Township's Official Plan ("OP") and Zoning By-law ("ZBL").
2This was also the second CMC dealing with the referral of the application for a License pursuant to s. 11(5) of the Aggregate Resources Act ("ARA"). The purpose of these applications is to permit the expansion of an existing gravel pit for the subject property located at 2 Darby Road, known as the Teedon Pit, in the Township of Tiny.
3The intent is to have the appeals on the proposed amendments to the Official Plan and Zoning By-law heard at the same time as the referral under the ARA.
4In addition to the foregoing, a related appeal concerning an application by CRH for a permit to take water from the existing operation at 2 Darby Road is currently before the former Environmental Review Tribunal ("ERT") (now Ontario Land Tribunal) and scheduled for a pre-hearing conference ("PHC") on August 3, 2021.
5At a previous CMC held on June 8, 2021, an issue arose with respect to a request by FoTTSA to consolidate the above noted ERT matter with the current appeals. The request was opposed by the Appellant and the parties agreed the issue would be dealt with by way of a motion at this CMC. However, Mr. Castrilli advised the Tribunal that the parties were able to resolve the issue in advance of today's CMC and FoTTSA was no longer seeking consolidation.
PARTY/PARTICIPANT REQUESTS
6At previously held CMCs, the Tribunal granted Participant status to the following individuals: Peter Anderson, Erin Archer, Rene Ariens, Balm Beach Community Association, David Barkey, Lynne Gibson, Mathew Lund, Nancy McBride, John D. Morgan, Bonnie Pauze, Jessica Staples-Campitelli, Christopher Williams, Anne Ritchie Nahuis, Yanina Zainkovskaya and William Shotyk.
7Of the list of parties and participants including Objectors, only David Barkey, John D. Morgan, Anne Ritchie Nahuis, Bonnie Pauze and Yanina Zainkovskaya were in attendance at today's CMC.
8There were no additional written requests for party/participant status in advance of the CMC and nobody present at the CMC requested party/participant status.
NEXT HEARING EVENT
9The parties explained that their ability to agree upon an Issues List ("IL") and Procedural Order ("PO") to govern the current appeals hinges, in part, upon the related ERT matter, as discussed above. As such, they were not in a position to discuss details in relation to setting the matter down for a hearing, such as anticipated witnesses, number of days required, etc. Consequently, the parties requested the Tribunal schedule a telephone conference call ("TCC") to take place following the August 3, 2021 PHC. The purpose of the TCC would be to provide an update on the related matter, discuss and finalize a PO and IL and, if appropriate, set a hearing date.
10Based on the foregoing, the Tribunal finds it appropriate to schedule a TCC, which will be held on Friday, November 12, 2021 at 9 a.m. The parties are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the specified time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call at the correct time. Questions prior to the call may be directed to the Tribunal's Case Coordinator having carriage of this file.
11The Tribunal stressed the importance of ensuring that the next hearing event be productive and, to that end, the parties agreed to provide a draft PO and IL in advance of the TCC. The Tribunal directed the parties to file same no later than Friday, November 5, 2021.
OTHER MATTERS
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The parties indicated there were none.
ORDER
13A telephone conference call is scheduled for November 12, 2021 at 9 a.m.
14The parties are directed to file a draft Procedural Order and an Issue List with the Tribunal no later than November 5, 2021.
15No further notice will be given and this Member is not seized of the matter.
"S. Braun"
S. BRAUN 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.