Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
March 24, 2022
CASE NO(S).:
OLT-21-001791
(Formerly PL210113)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Shore Developments Ltd.
Subject:
Request to amend the Official Plan - Failure of Norfolk County to adopt the requested amendment
Existing Designation:
Urban Waterfront, Urban Residential, Lakeshore Special Policy Area, Lynn River/Black Creek Special Policy Area, Hazard Land
Proposed Designated:
No Change Proposed
Purpose:
To permit sole residential uses, apartments up to a maximum of eight storeys, and the continuation of existing uses on the Subject Lands.
Property Address/Description:
225 & 230 Chapman St. E. and 2 Lynn St.
Municipality:
Norfolk County
Approval Authority File No.:
OPNPL2019014
OLT Case No.:
OLT-21-001791
Legacy Case No.:
PL210113
OLT Lead Case No.:
OLT-21-001791
Legacy Lead Case No.:
PL210113
OLT Case Name:
Shore Developments Ltd. vs. Norfolk (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Shore Developments Ltd.
Subject:
Application to amend Zoning By-law No. (1-Z-2014) - Neglect of Norfolk County to make a decision
Existing Zoning:
Marine Commercial (CM) and Hazard Land (HL) zone
Proposed Zoning:
Urban Residential Type 6 (R6) Zone with special provisions, and Urban Residential Type 4 (R4) with special provisions
Purpose:
To permit the development of townhouses, stacked townhouse and apartment dwellings on the subject lands
Property Address/Description:
225 & 230 Chapman St. E. and 2 Lynn St.
Municipality:
Norfolk County
Municipality File No.:
ZNPL202019
OLT Case No.:
OLT-21-001031
Legacy Case No.:
PL210114
OLT Lead Case No.:
OLT-22-001791
Legacy Lead Case No.:
PL210113
APPEARANCES:
Parties
Counsel
Shore Developments Ltd.
Steven Ferri
County of Norfolk
Peter Tice
Long Point Region Conservation Authority
Peter Tice
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY SHARYN VINCENT
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on February 25, 2022, is hereby amended.
2By deleting paragraph [3] from the Decision, and replacing it with the following:
3The Tribunal, having reviewed all of the filed materials and having heard scoped viva voce, uncontroverted evidence of the two witnesses, allows the appeal in part, having been satisfied that the revised proposal had regard to matters of provincial interest, is consistent with the Provincial Policy Statement 2020 (“PPS”) and the County of Norfolk Official Plan (“County OP”), represents good planning and is in the public interest.
3In all other respects, the Tribunal’s Decision remains the same.
“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 reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.