Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 24, 2022
CASE NO(S).: OLT-22-004627 (Formerly PL030316)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Laurelpark Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a plan of Subdivision
Property Address: Part of Lot 2, Concession 1
Reference Number: 22-T-02002
Municipality/UT: Township of Amaranth/County of Dufferin
OLT Case No.: OLT-22-004627
Legacy Case No.: PL030316
OLT Lead Case No.: OLT-22-004627
Legacy Lead Case No.: PL030316
OLT Case Name: Laurelpark Inc. and Dunwin Developments Limited v. Amaranth (MMAH)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Laurelpark Inc. and Dunwin Developments Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Purpose: To permit the development of a plan of Subdivision
Reference Number: 22T-04004
Property Address: Part of Lot 3, Concession 1
Municipality: Township of Amaranth/County of Dufferin
OLT Case No.: OLT-22-004638
Legacy Case No.: PL030316 -R40051
OLT Lead Case No.: OLT-22-004627
Legacy Lead Case No.: PL030316
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Laurelpark Inc. and Dunwin Developments Limited
Request for: Request for Directions
Heard: In writing
APPEARANCES:
Parties
Counsel
Laurelpark Inc.
John M. Alati
Dunwin Developments Limited
John M. Alati
Township of Amaranth
Jeffrey Wilker
DECISION DELIVERED BY C.I. MOLINARI AND ORDER OF THE TRIBUNAL
BACKGROUND
1This Decision and Order determines a Written Motion before the Tribunal to extend the deadline to fulfill the Draft Plan Conditions of approval of two Draft Plans of Subdivisions previously approved inclusive of minor technical amendments to certain Conditions.
2The Tribunal, in its Decision issued August 5, 2009, granted approval to the site-specific zoning by-law and to the Draft Plans of Subdivision 22T-02002 and 22T-04004 (the “Draft Plans”) subject to the fulfillment of the Conditions that were imposed.
3In its Orders issued on March 12, 2012, August 5, 2014, and July 25, 2016, the Tribunal granted two (2) year extensions of the deadline to fulfil the Conditions of Approval of the Draft Plans (the “Draft Plan Conditions”).
4Following interim extension Orders, in its further Order issued on September 11, 2019, the Tribunal granted an additional two (2) year extension to fulfil the Draft Plan Conditions, amended certain Draft Plan Conditions, and amended certain boundaries on the Schedule to the Township of Amaranth (“Township”) Site-Specific Zoning By-law No. 44-2009.
5In its most recent Order issued on November 18, 2021, the Tribunal granted a one (1) year extension to fulfil the Draft Plan Conditions and amended certain Draft Plan Conditions.
DISPOSITION
6Having now received and reviewed the Affidavit of Carmen Jandu, Land Use Planner, the Tribunal is satisfied that, to date, best efforts to fulfill the Draft Plan Conditions have been undertaken and that the current efforts to secure draft plan approval require a further extension to the lapsing date in order to allow for the finalization of, among other items, the Pullen Well Agreement and the Subdivision (Comprehensive) Agreement, which once executed, will allow the Proponents to meet several of the Draft Plan Conditions.
7The Tribunal is also satisfied that the amendments to the Draft Plan Conditions are technical in nature and necessary to ensure accuracy and relevancy of the Draft Plan Conditions.
8The Tribunal has been advised that the Township, the Town of Orangeville and the Credit Valley Conservation Authority consent to the relief sought in this Decision.
9The Tribunal has also been advised by Counsel to the Appellants that Laurelpark Inc. and Dunwin Developments Limited are successors-in-title to the original applicants, Hamount Investments Ltd. and Valley Grove Investments Inc. The new owners, therefore, assume the existing appeal.
ORDER
10The Tribunal grants an abridgement of the time required under Rule 10.5 of the Tribunal’s Rules of Practice and Procedure to serve and file a notice of motion and all supporting material.
11The Tribunal Orders that Draft Plan Condition No. 50 of Draft Plan 22T-02002 and Draft Plan Conditions No. 39 d), 50, 51 and 69 of Draft Plan 22T-04004 are amended as per Attachments A and B, respectively.
12The Tribunal Orders that the request to extend the deadline to fulfill the Draft Plan Conditions as amended is granted and the approval of the Draft Plans shall now lapse on December 1, 2024.
13The Tribunal may be spoken to in the event any matter or matters should arise in the connection with the implementation of this Order.
“C.I. Molinari”
C.I. MOLINARI
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.
ATTACHMENT A
ATTACHMENT B