Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 30, 2022
CASE NO(S).: OLT-21-001382 (Formerly PL091167)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: McMahan Woods Developments Ltd.
Subject: Township of Tiny By-law No. 2018-098
Municipality: Township of Tiny
OLT Case No.: OLT-21-001382
OLT File No.: OLT-21-001382
OLT Case Name: McMahan Woods Developments Ltd. v. Simcoe (County)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: County of Simcoe
Appellant: Midhurst Development Doran Road Inc., and Carson Road Development Inc.
Appellant: Midhurst Rose Alliance Inc.
Appellant: Township of Springwater and others
Subject: Failure of the Ministry of Municipal Affairs and Housing to announce a decision respecting the Official Plan for the County of Simcoe
Municipality: County of Simcoe
OMB Case No.: PL091167
OMB File No.: PL091167
OMB Case Name: 1045901 Ontario Limited v. Simcoe (County)
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: McMahan Woods Developments Ltd.
Subject: Failure of County of Simcoe to announce a decision respecting Proposed Official Plan Amendment No. TI-OP-1801
Municipality: Township of Tiny
LPAT Case No.: PL210153
LPAT File No.: PL210153
LPAT Case Name: McMahan Woods Developments Ltd. v. Simcoe (County)
Heard: March 3, 2022 by video conference
APPEARANCES:
Parties
Counsel
McMahan Woods Developments Ltd. (“Appellant”)
D. White
County of Simcoe (“County”)
M. Green
Township of Tiny (“Township”)
S. Hahn
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON MARCH 3, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision addresses a further Case Management Conference (“CMC”) for an appeal to the County Official Plan (“OP”), and a first CMC for a recent appeal to the Township OP as approved by the County, all pertaining to the Appellant’s lands at Part Lot 23, Concession 4 (“site”) in the Township.
2The recent appeal to the County decision on the Township OP in respect of this site resulted in the Appellant’s withdrawal of its previous appeal to the non-decision of the County on the same matter. That previous file PL210153 is now closed and replaced by file OLT-21-001382.
3The County served Notice of this CMC and its affidavit of service was marked as Exhibit 1.
CONSOLIDATED HEARING
4At the Parties’ request, the Tribunal granted a consolidated hearing for these appeals, given that both appeals involve the same Parties, issues and site.
PARTIES
5The statutory Parties are the Appellant and the County. With the Parties’ consent, the Tribunal granted the Township’s request for Party status, given its obvious interest in both the County OP as a lower-tier municipality, and its own Township OP as the authority that adopted it.
6No other requests for Party or Participant status were received.
MEDIATION
7The Appellant is preparing a site proposal for discussion with the County and Township. The Parties will engage in those discussions and will seek Tribunal mediation if appropriate. In the meantime, the Parties agree to proceeding with a Procedural Order (“PO”) and a hearing schedule to ensure that reasonable timelines are achieved.
8Following this CMC, the Parties advised of their concurrence for Tribunal-led mediation. The Tribunal staff will communicate with the Parties on any required information in advance of mediation, such as an agreed Issues List and the potential length and timing of a hearing on the merits, if needed.
NEXT STEPS
9At the CMC, the Appellant committed to submitting the final PO to the Tribunal within two weeks, along with a requested length of hearing, expected to require six days or fewer.
10Following the CMC, the Parties requested additional time to develop the Issues List and agreed to proceed with any necessary submissions required by the Tribunal for mediation. With mediation to occur, a further CMC will not be scheduled at this time, and the Parties may advise the Tribunal of appropriate next steps when known following mediation.
ORDER
11The Tribunal Orders its directions and rulings as set out above.
“S. Tousaw”
S. tousaw
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.