Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
November 08, 2022
CASE NO(S).:
OLT-22-003870
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant:
Leonard Verhart
Applicant:
Clarke and Nelson Developments
Subject:
Proposed Official Plan Amendment
Description:
Proposes to re-designate a portion of the lands currently designated Urban Reserve and Employment Area to Residential Area.
Reference Number:
PL202200025
Property Address:
Marlborough Street North & Nazarene Road
Municipality/UT:
Chatham-Kent/Chatham-Kent
OLT Case No:
OLT-22-003870
OLT Lead Case No:
OLT-22-003870
OLT Case Name:
Verhart v. Chatham-Kent (Municipality)
Heard:
November 4, 2022 by video hearing (“VH”)
APPEARANCES:
Parties
Counsel/Representative*
Leonard Verhart (“Appellant”)
Self-represented*
Clarke and Nelson Developments Inc. (“Applicant”)
Paula Lombardi
Municipality of Chatham-Kent (“Municipality”)
David Taylor
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON NOVEMBER 4, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting a third-party appeal by Leonard Verhart, following the Municipality’s approval of an Official Plan Amendment (“OPA”) to allow the Applicant’s residential development proposal on the lands at Marlborough Street North and Nazarene Road (the “Subject Lands”). The proposed development includes single detached, rowhouse (townhouse) and apartment dwelling types.
2The subject OPA application under appeal proposes to re-designate a portion of the Subject Lands currently designated Urban Reserve and Employment Area to Residential Area, which will implement policies for residential development over the entire Subject Lands.
3Municipal Planning Staff recommended that the application be adopted and the Committee of Adjustments’ decision was to approve it.
4The Appellant opposes the proposed use of the land, claiming it to be an overdevelopment in a rural area.
Service of Notice of CMC
5There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal was in receipt of the Affidavit of Service, which was marked as Exhibit 1.
Requests for Status
6No one appeared at the hearing seeking either party or participant status.
MEDIATION AND SETTLEMENT
7The Tribunal explored the possibility of mediation and settlement with the parties, however all of the parties confirmed that there is no prospect for settlement.
PROCEDURAL ORDER AND ISSUES LIST
8Counsel for the Applicant and the Municipality confirmed that they have prepared a draft Procedural Order (“PO”), including Issues List, and had circulated it with the Appellant prior to the CMC. However, as confirmed by the Appellant, the Appellant failed to contribute to it. He indicated that he did not understand his obligation to participate in the preparation of the PO, and so the Tribunal directed his attention to Rule 19 of the Tribunal’s Rules of Practice and Procedure, regarding CMCs, and Rule 19.2 in particular regarding parties’ obligations to discuss, prepare and present a draft PO to the Tribunal prior to a CMC.
9As a consequence of the Appellant’s lack of involvement in the drafting of the PO and Issues List, counsel for the Applicant suggested that a second CMC be scheduled as soon as possible to give the Appellant a second opportunity to be involved in the process. In addition, counsel asked that the time set for a second CMC be also available for a potential motion to dismiss the appeal, depending on the outcome of the Appellant’s involvement in drafting a PO.
10The Tribunal asked the Appellant if he would be satisfied with such a remedy, and he agreed. The Municipality confirmed the same. The below Order reflects the Tribunal’s concurrence with such an approach, together with setting a deadline for the Appellant to follow as it relates to communicating to the other parties his position regarding the draft PO and Issues List.
SECOND CMC and HEARING
11Upon request of the parties, the Tribunal set a second CMC hearing commencing on Wednesday, November 30, 2022 at 10 a.m. by VH. No further Notice is required for the hearing if it proceeds as a CMC. This hearing date may also be used for the purposes of a motion provided that the moving party issues Notice in accordance with the Tribunal’s Rules of Practice and Procedure.
12Upon request of the parties, the Tribunal set a three (3)-day hearing commencing on Wednesday, March 8, 2023 at 10 a.m. by VH. No further Notice is required for the hearing.
13The hearings are scheduled to proceed by video as follows:
Wednesday, November 30, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/765631861 Access code: 765-631-861 Audio-only telephone line: +1 (647) 497-9391 or Toll Free 1-888-455-1389 Audio-only access code: 765-631-861 Wednesday, March 8, 2022 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/687587165 Access code: 687-587-165 Audio-only line: +1 (647) 497-9373 or Toll Free 1-888-299-1889 Audio-only access code: 687-587-165
14Parties 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.
15Parties 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
16Persons 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.
17Individuals 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
18The Tribunal Orders that:
The Appellant has until no later than Friday, November 11, 2022, to communicate to the Appellant and Municipality any desired changes to the draft Procedural Order already prepared by the Appellant and Municipality, including Issues List;
The date and particulars of a second CMC/potential motion date are set out above;
The date and particulars of the hearing are set out above;
The Member is seized for the purposes of the above described second CMC/potential motion, but he is not seized for the purposes of a hearing on the merits. He may nevertheless be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.