Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 18, 2022
CASE NO(S).: OLT-21-001798 (Formerly PL190446)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Clark Breuls
Appellant: Charles Leo DeSorcy
Appellant: Barry Glaspell
Appellant: Ambrose Moran
Subject: By-law No. BL 2019-078
Municipality: Township of North Kawartha
OLT Case No.: OLT-21-001798
Legacy Case No.: PL190446
OLT File No.: OLT-21-001798
Legacy File No.: PL190446
OLT Case Name: Bruels, Leo DeSocry et al v. North Kawartha (Twp)
Heard: January 14, 2022 by telephone conference call (“TCC”)
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Township of North Kawartha | John Ewart* |
| Barry Glaspell | Self-Represented |
| Clark Breuls | Self-Represented |
| Ambrose Moran | Self-Represented |
MEMORANDUM OF ORAL DECISION DELIVERED BY G.C.P. BISHOP AND WILLIAM R. MIDDLETON ON JANUARY 14, 2022 AND DIRECTION OF THE TRIBUNAL
INTRODUCTION
1The Township of North Kawartha (the “Township”) passed Zoning By-law No. 2019-078 (the “By-law”) being an amendment to Zoning By-law No. 26-2013. The By-law was appealed by Barry Glaspell, Charles Leo DeSorcy, Clark Breuls and Ambrose Moran pursuant to s. 34(19) of the Planning Act R.S.O. 1990, c. P.13, as amended (“Act”). The Parties reached a settlement which was considered and reviewed by the predecessor Local Planning Appeals Tribunal (“LPAT”) in a video hearing held on June 5, 2020 (“VH”).
2The appeals were not related to the overall purpose and intent of the By-law but focused on certain minor textual modifications intended to provide greater clarity in respect of specific policies. These concerns were addressed through the amended By-law presented to the LPAT which heard planning evidence during the VH and allowed the appeal in part to accommodate the amended By-law, pursuant to the settlement reached between the Parties (“Settlement”).
3In its Order arising from the VH, the LPAT further noted that amendments to certain schedules of the By-law were likely required and that the Tribunal could be spoken to if any issues arise between the Parties. The purpose of the TCC now held before the Ontario Land Tribunal (“Tribunal” or “OLT”), the successor tribunal to the LPAT, was to consider certain issues that had in fact emerged.
4Essentially, Mr. Moran, Mr. Glaspell and Mr. Breuls expressed to the Tribunal their concerns that the Township has failed to act expeditiously in implementing the required amendments to the By-law to reflect the Settlement, by completing certain required mapping of wetlands and waters in order to reflect accurate zoning schedules as part of the By-law.
5Counsel for the Township contended that the mapping and final updating of the prescribed zoning schedules would occur as part of the process leading to a new official plan and zoning update to be carried out by the Township pursuant to its obligations under the Act.
6Following discussion between the Parties with the Tribunal, the Parties agreed at the TCC that the Township would outline the actual steps and milestone dates (collectively, “Steps/Timelines”) it planned to take in order to implement the Settlement pursuant to the planning process described by the Township’s counsel.
7Subsequent to the TCC, the Tribunal received correspondence from the Township’s counsel setting out a proposed ‘Work Program’ setting out the Steps/Timeline that had approved by the Council for the Township on February 2, 2022 as set out in Attachment 1 to this Decision. No further correspondence or objection concerning this proposal was received by the Tribunal from Mr. Moran, Mr. Glaspell or Mr. Breuls.
8The Tribunal will accordingly provide directions in accordance with the workplan. The Tribunal is aware that there is a public process to be followed pursuant to this Work Program and therefore that new issues and matters may arise from that process that could give rise to separate appeal rights not dealt with in either the TCC or the VH.
ORDER FOR DIRECTIONS
9The Tribunal hereby directs that the Township shall follow the proposed Work Program as set out in Attachment 1 hereto in order to implement the Settlement as expeditiously as possible. This direction as to processes shall not limit any right of appeal that any person may have with respect to further decisions of Council arising from these processes.
“G.C.P.Bishop”
G.C.P. BISHOP
ALTERNATE CHAIR
“William R. Middleton”
WILLIAM R. MIDDLETON
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.