Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 10, 2022
CASE NO(S).: PL210198
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Richard Gates Subject: Request to amend the Official Plan - Failure of Township of The Archipelago to adopt the requested amendment Purpose: to create 4 new, non-waterfront affordable housing lots fronting a privately maintained road within the Woods Bay Neighbourhood. Property Address/Description: 11 Woods Bay Lane Municipality: Township of The Archipelago Approval Authority File No.: OP01-02 OLT Case No.: PL210198 OLT File No.: PL210198 OLT Case Name: Gates v. The Archipelago (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Richard Gates Subject: Application to amend Zoning By-law No. A2000-07 - Refusal or neglect of Township of The Archipelago to make a decision Existing Zoning: General Residential (GR) and Environmentally Sensitive (ES) Proposed Zoning: Site Specific (To be determined) Purpose: To permit to create 4 new, non-waterfront affordable housing lots fronting a privately maintained road within the Woods Bay Neighbourhood. Property Address/Description: 11 Woods Bay Lane Municipality: Township of The Archipelago Municipality File No.: Z02-20 OLT Case No.: PL210198 OLT File No.: PL210199
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Richard Gates Subject: Application for Consent - Failure of Township of The Archipelago to make a decision Property Address/Description: 11 Woods Bay Lane Municipality: Township of The Archipelago Municipal File No.: B16-20 OLT Case No.: PL210198 OLT File No.: PL210200
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Richard Gates Subject: Application for Consent - Failure of Township of The Archipelago to make a decision Property Address/Description: 11 Woods Bay Lane Municipality: Township of The Archipelago Municipal File No.: B17-20 OLT Case No.: PL210198 OLT File No.: PL210209
PROCEEDING COMMENCED UNDER subsection 53(14) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Richard Gates Subject: Application for Consent - Failure of Township of The Archipelago to make a decision Property Address/Description: 11 Woods Bay Lane Municipality: Township of The Archipelago Municipal File No.: B18-20 OLT Case No.: PL210198 OLT File No.: PL210210
Heard: December 16, 2021 by telephone conference call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Richard Gates | Marc Kemerer |
| Township of The Archipelago | Christopher J. Tzekas |
DECISION DELIVERED BY S. BRAUN AND ORDER OF THE TRIBUNAL
1This Telephone Conference Call (“TCC”) was convened by the Ontario Land Tribunal (“OLT”) to obtain a status update in the matter of appeals by Richard Gates (“Applicant/Appellant”), who owns the property located at 11 Woods Bay Lane (“subject property”). Mr. Gates applied to the Township of The Archipelago (“Township”) for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBLA”) and consents to sever four new residential lots (collectively, the “Applications”). The Township failed to make a decision on the Applications and pursuant to s. 22(7), s. 34(11) and s. 53(14) of the Planning Act (“Act”), Mr. Gates appealed to this Tribunal.
2The purpose of the proposed OPA is to add a new paragraph to section 16, Special Provisions of the Official Plan for the Township, in order to allow for the creation of four new, non-waterfront lots on Woods Bay Lane, fronting on a privately maintained road. The purpose of the proposed ZBLA is to rezone Lot 40, Concession 3 in the geographic Township of Conger, now in the Township from the General Residential (GR) zone to a site specific General Residential (GR) zone, so as to allow for the creation of four new non-waterfront lots that will be eligible for building permits.
3At a previous Case Management Conference, the Tribunal scheduled a three-day hearing commencing on February 14, 2022. At that time, Counsel for the Township indicated his client had yet to take a position on the appeals. This TCC was convened in order for the Tribunal to receive an update on the Township’s position and determine whether the number of hearing days could be reduced.
4Counsel for the Township advised that his client opposes the application and intends to take an adverse position at the hearing. The parties anticipate that the three days set aside for the hearing will be required, although they will continue to engage in discussions aimed at settlement or narrowing the issues. The hearing will proceed as scheduled commencing at 10 a.m. on February 14, 2022.
5Given that the hearing dates are quickly approaching, the parties agreed that a fulsome Procedural Order would not be necessary or practical. However, they agreed to submit to the Tribunal no later than Friday, January 14, 2022 an Issues List and a condensed Procedural Order which, at the very least, sets out deadlines for the submission of participant statements, the submission and exchange of witness statements and the submission of a joint document book.
6This Member is not seized, but will remain available for case management, schedules permitting.
7The Tribunal so orders.
“S. Braun”
S. BRAUN MEMBER
Ontario Land Tribunal Website: www.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.