Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 9, 2022

CASE NO(S).: OLT-21-001564

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Telephone City Aggregates Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings

Reference Number: ZBA5/14/MD

Property Address: Part of Lots 13-16, Concession 1

Municipality/UT: Brantford/Brant

OLT Case No: OLT-21-001564

OLT Lead Case No: OLT-21-001564

OLT Case Name: Telephone City Aggregates Inc. v. Brant (County)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: Telephone City Aggregates Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit a 390 unit residential development including detached dwellings and multiple residential dwellings

Reference Number: PS1/14/MD

Property Address: Part of Lots 13-16, Concession 1

Municipality/UT: Brantford/Brant

OLT Case No: OLT-21-001565

OLT Lead Case No: OLT-21-001564

Heard: December 6, 2022 by video hearing

APPEARANCES:

Parties

Counsel

Telephone City Aggregates Inc.

Shelley Kaufman and Scott Snider

County of Brant

Jyoti Zuidema and Rochelle Welchman

Dr. Laura Shoot et al

Alex Ciccone

DECISION DELIVERED BY SHARYN VINCENT AND ORDER OF THE TRIBUNAL

1This decision follows the second case management conference convened to consider the appeals filed by Telephone City Aggregates Inc. (“Appellant”) against the failure of the County of Brant to make decisions with respect to applications to rezone and approve a plan of subdivision on lands described as part of the William Curtis Grant, in the Town of Paris, and which are currently zoned for aggregate extraction.

2The applications which seek approvals for 390 residential units, including 274 detached dwellings and 116 multiple residential dwellings were originally submitted in 2013, and remained largely inactive until appealed to the Tribunal in 2021 in the midst of the County having undertaken an Official Plan review to establish the planning framework for development up to the 2051 horizon. The proposed Official Plan amendments at the time of the first case management conference, had been submitted to the province for approval.

3Party status was requested by a number of owners of residences on Curtis Avenue, including Laura Pipkin, Lee Wivell, Kyla Latty, Brant Ehlers, and Laura Shoot. The group is working as a collective, although not yet incorporated, and therefore the Tribunal will, as requested grant Party status to Laura Shoot on behalf of the Curtis Avenue South Members. Should an association be registered, Mr. Ciccone will seek substitution with the Tribunal.

4Participant status was conferred upon Carley Northey, Angela Bout, Kostiantyn Kumynskyi, Robert Ruttan, Heather Ruttan, Deanne Poechman, Donna McKinna, Dennis McKinna, Mark Arndt, Krista Arndt, Norma Cavan, Tom Isotamm, Roald Walls, Jennifer Walls, Emily Walls, and Wayne Fyffe.

5A draft Procedural Order, complete with draft issues, was submitted for the information of the Tribunal, it being agreed by the Parties, that a resubmission of the applications would flow from the recently convened working committee with County staff and consultants, to be followed by the normal iterative process of comments and responses/revisions, all with a view to crystalizing a scoped issues list by mid to late June. At that time, the Tribunal will consider the scheduling of the hearing of the merits.

6A status hearing has been scheduled to proceed by telephone conference call (“TCC”) on Friday July 7, 2023, at 9:00 a.m.

7Individual(s) are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned date at the correct time.  When prompted, enter the code 477-9874 to be connected to the call.  It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time.  Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case. 

8The Parties are herein directed to confirm with the Tribunal a minimum of 35 days before the TCC that they will be prepared to finalize the issues list and set hearing dates.

ORDER

9Party and Participant status is granted as set out in paragraphs 3 and 4 of this Order.

10The appeals will be subject to a further case management conference to be conducted as a telephone conference call as set out in paragraph 6 of the Order.

11No further notice is required.

12The member is not seized but may assist in case management should need arise in implementing the directions in this Order.

“Sharyn Vincent”

SHARYN VINCENT

VICE-CHAIR

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