Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2022
CASE NO(S).: OLT-22-004070
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D09OPA20.002
OLT Case No.: OLT-22-004070
OLT Lead Case No.: OLT-22-004070
OLT Case Name: Glen Williams Estates Inc. v. Halton Hills (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D14ZBA20.009
OLT Case No.: OLT-22-004071
OLT Lead Case No.: OLT-22-004070
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Proposed Plan of Subdivision – Failure of Town of Halton Hills to make a decision
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D12SUB20.001
OLT Case No.: OLT-22-004072
OLT Lead Case No.: OLT-22-004070
Heard: October 24, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Glen Williams Estates Inc.
H Arnold
Town of Halton Hills
A. Burton
Region of Halton
B. Maione
Credit Valley Conservation Authority
D.di Berto
DECISION DELIVERED BY G. BURTON AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in Appeals by the owner of 102 Confederation Street, in the Town of Halton Hills (“Town”). Glen Williams Estate Inc. (“Applicant/Appellant”) appealed under sections 22(7), 34(11) and 51(34) from the failure of the Town to make decisions on its applications for amendments to the Official Plan (“OP”) and Zoning By-law, and approval of a Plan of Subdivision.
2Both the Region of Halton (“Region”), the approval authority for the Town’s Official Plan and commenting authority for planning applications, and the Credit Valley Conservation Authority were granted Party Status, as they were clearly interested in the outcome.
3The Tribunal noted the requests of an unincorporated association, Concerned Citizens of the Glen, with representative Chris Sargent, to become Participants in the Appeal. This status was granted based on the statement already submitted.
4Joan Griffin of the Glen Williams Community Association, an incorporated group (also known as Hamlet of Glen Williams Residents Association Inc., stated by Ms. Griffin as Ontario 001959883), informed the Tribunal that a request for Party status had been sent. The Member had no notice of this, and it was clear upon seeing the request after the Hearing that they were seeking Participant status rather than Party. This was granted, as there were no objections.
5In its 2020 Planning Justification Report, the Applicant/Appellant stated that the site is about 18.6 hectares (“ha”), of which about 4.9 ha is developable. The rest consists of valleys, woodlands, wetlands and buffers. The planning context is affected by the Provincial Policy Statement, Growth Plan for the Greater Golden Horseshoe, Greenbelt Plan, the Region OP, the Town OP and the Glen Williams Secondary Plan.
6Herbert Arnold, for the Applicant/Appellant, outlined the next steps anticipated. There have been two submissions by the Applicant and comments by the Town, with a third application anticipated shortly. Thus it is too early to reach an Issues List for a Hearing. There is also a related appeal from Official Plan Amendment No. 44 (“OPA 44”) to the Glen Williams Secondary Plan, as modified by the Region and appealed by many. The first CMC for these Appeals of OPA 44 is to be November 8, 2022. Mr. Arnold saw no need to consolidate the two procedures as yet, as the Applicant/Appellant had appealed OPA 44 to preserve its rights. Mediation has been discussed, but as counsel for the Town had pointed out, he would require instructions for the new Council of the Town after today’s municipal election.
7Thus the Parties requested another CMC, and it will be held on Monday, March 13, 2023 to commence at 10 a.m. (see below). This would allow time for additional comments on a new application and possible requests for a Tribunal-led mediation.
8Parties 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