Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 07, 2022
CASE NO(S).: OLT-22-002380
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Sarah Properties Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a communal wastewater treatment system to facilitate a residential development
Reference Number.: OPA2-15
Property Address: Concession 10, East Part Lots 2 and 3
Municipality/UT: Amaranth/Dufferin
OLT Case No.: OLT-22-002380
Legacy Case No.: PL180646
OLT Lead Case No.: OLT-22-002380
Legacy Lead Case No.: PL180646
OLT Case Name: Sarah Properties Limited v. Amaranth (Twp.)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 334 single unit residential units
Reference Number.: Z4-15
Property Address: Concession 10, East Part Lots 2 and 3
Municipality: Amaranth/Dufferin
OLT Case No.: OLT-22-002381
Legacy Case No.: PL190601
OLT Lead Case No.: OLT-22-002380
Legacy Lead Case No: PL180646
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 334 single unit residential units
Reference Number.: S2-15
Property Address: Concession 10, East Part Lots 2 and 3
Municipality/UT: Amaranth/Dufferin
OLT Case No.: OLT-22-002382
Legacy Case No.: PL190602
OLT Lead Case No.: OLT-22-002380
Legacy Lead Case No: PL180646
Heard: October 13, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Sarah Properties Limited
P. Harrington
Township of Amaranth
Cachet Developments (formerly known as Centurion Homes Limited)
J. Wilker, D. N. Germain
A. Lusty, J. Alati (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON OCTOBER 13, 2022 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal is the appeals by Sarah Properties Limited (“Applicant”) from the Township of Amaranth’s (“Township”) refusal of an Official Plan Amendment (“OPA”), pursuant to s. 22(7) of the Planning Act, a Zoning By-law Amendment, pursuant to s. 34(11) of the Planning Act, and from the failure to make a decision on a proposed Draft Plan of Subdivision application, pursuant to s. 51(34) of the Planning Act, to permit a residential development on a property located north of County Road 109, east of the Amaranth-East Luther Townline and west of 10th Line (“subject site”) that is proposed to be serviced by a communal wastewater system.
2This was a third CMC to update the Tribunal and Participants on the progress of the settlement discussions.
3Numerous Participants attended this CMC. Since the time that Participant status was originally granted, there has been a Legislative change, wherein a Participant is now only permitted to make or file a written statement to the Tribunal. Individuals that have been granted Participant status, and wish to maintain Participant status, are required to file a Participant Statement with the Tribunal and all Parties outlining their concerns with the proposed development. Written Participant Statements are to be filed with the Tribunal Case Coordinator on or before Friday, March 31, 2023.
4Parties were canvased by the Tribunal as to the number and areas of expertise of their intended expert witnesses for the hearing. Counsel for the Applicant intends to call three witnesses at the hearing to address issues related to land use planning and engineering. The Township will call three to four expert witnesses in the same area as the Applicant. Counsel for Cachet Development has indicated that they intend to have one or two witnesses with expertise in planning and engineering in water servicing.
5Parties have requested a 10-day hearing and a final CMC to be held at least 60 days before the hearing. The Tribunal has directed the Parties to submit the Issues List and a complete Draft Procedural Order (except for dates) prior to scheduling of the hearing dates.
ORDER
6A CMC and a Hearing will be scheduled once the Tribunal has received a complete draft Procedural Order from the Parties for the Tribunal to consider.
7This Member is not seized.
“P. Tomilin”
P. Tomilin
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.