Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 17, 2022
CASE NO(S).: OLT-22-002873 (Formerly PL210190)
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Stan Jaworski
Applicant: Livingston Excavating Trucking Inc.
Subject: Zoning By-law
Description: By-Law 2-Z-2021
Reference Number: ZNPL2019253
Property Address: 259 Windham East 1/4 Line Road
Municipality/UT: Norfolk
OLT Case No: OLT-22-002873
Legacy Case No: PL210190
OLT Lead Case No: OLT-22-002873
Legacy Lead Case No: PL210190
OLT Case Name: Jaworski v. Norfolk (County.)
PROCEEDING COMMENCED UNDER section 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.10.
Subject: Aggregate Resources Act
Description: to replace the existing Category 7, Class B licence with a Category 1, Class A licence
Reference Number: ARA #626458
Property Address: Part Lots 5 and 6 Concession 13 (Delhi)
Municipality/UT: Norfolk/Norfolk
OLT Case No: OLT-22-004087
OLT Lead Case No: OLT-22-002873
Legacy Lead Case No: PL210190
Heard: November 14, 2022 by video hearing
APPEARANCES:
Parties
Counsel*/Representative
Livingston Excavating & Trucking Inc.
Jennifer Meader*
Stan Jaworski
Self-Represented
Norfolk County
David Steele*
MEMORANDUM OF ORAL DECISION DELIVERED BY S. deBOER ON NOVEMBER 14, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matter before the Tribunal is the first Case Management Conference (“CMC”) conducted in respect to Appeals by Stan Jaworski (the “Appellant”) pursuant to s. 34(19) of the Planning Act and s. 11(5) of the Aggregate Resources Act (the “ARA”) against the County of Norfolk’s (the “County”) decision to approve the Zoning By-law Amendment application by Livingston Excavating and Trucking Inc. (the “Applicant”).
2The Tribunal marked the Affidavit of Service of the Notice of the CMC sworn by Mohammad Alam dated October 20, 2022, as Exhibit 1 for this hearing.
BACKGROUND AND AREA CONTEXT
3The Subject Lands are municipally known as 259 Windham East ¼ Line Rd, Township of Windham. The Subject Lands are 36 hectares (“ha”) in size with an aggregate extraction area of 25.9 ha.
4The effect of the two instruments under appeal is to permit a rezoning of the Subject Lands from Agricultural Zone (A) and Hazard Lands (HL) to Extractive Industrial Zone (MX) to permit the establishment of a sand and gravel pit.
5Under the notification period for the Aggregate Resources of Ontario Provincial Standards (“AROPS”), all but one of the four Objectors concerns have been resolved.
6Since the Appellant in this matter is the last Objector to the Aggregate Resource Act process, the Ministry of Northern Development, Mines, Natural Resources and Forestry requested that the ARA Application be heard along with the Planning Act Appeal.
PARTY AND PARTICIPANT STATUS REQUESTS
7The Tribunal received a Party request from the County of Norfolk at the CMC. The County was granted Party status on consent from the other parties.
8The Tribunal did not receive any requests for Participant status at the CMC.
PROCEDURAL ORDER AND ISSUES LIST
9Upon discussion with the Parties, it was agreed upon that the matter would require a one-day hearing. The Appellant would not be calling any of their own witnesses. The Applicant and the County would each be calling a planning witness. The Applicant may also call on an engineer to bring factual evidence with regards to the Appellant’s concerns.
10Even though a one-day hearing had been requested, it was agreed upon by the Parties that a draft Procedural Order and an Issues List will be submitted to the Tribunal no later than Friday, December 2, 2022 for its consideration. This will give some structure and expectations for the Appellant since they are self-represented in this matter.
OPPORTUNITIES FOR MEDIATION
11The Parties were asked if there was an opportunity for a settlement. The Tribunal was informed that a settlement is unlikely at this time. However, the Applicant would be willing to reach out again to the Appellant to see if a settlement could be reached. The Tribunal would be made aware well before the hearing date if a settlement had been reached.
SCHEDULING OF THE HEARING OF THE MERITS
12The Tribunal has scheduled a one-day hearing to commence on Wednesday, March 8, 2023, by video hearing at 10 a.m. The details of the hearing are as follows:
13Parties 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:
https://global.gotomeeting.com/join/92792107
Access code: 927-921-077
12Parties 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
13Persons 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 +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 927-921-077.
14Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
15A one-day hearing will commence on Wednesday, March 8, 2023, by video hearing at 10 a.m.
ORDER
16Accordingly, the Tribunal Orders:
a. That an agreed upon Procedural Order and Issues List be submitted to the Case Coordinator no later than Friday, December 2, 2022.
b. That a one-day hearing will commence on Wednesday, March 8, 2023, by video hearing at 10 a.m.
17No further notice will be given.
18The Member is not seized.
“S. deBoer”
S. deBOER
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.