Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 18, 2022
CASE NO(S).: OLT-21-001273
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stylux Caledon Inc.
Subject: Request to amend the Official Plan - Failure of Town of Caledon to adopt the requested amendment
Existing Designation: Low density residential
Proposed Designated: Medium density residential
Purpose: To permit residential development
Property Address/Description: 6098, 6110, 6112, 6114, 6122, 6124, 6126 and 6142 Old Church Road
Municipality: Town of Caledon
Approval Authority File No.: POPA 2020-0002
OLT Case No.: OLT-21-001273
OLT File No.: OLT-21-001273
OLT Case Name: Stylux Caledon Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stylux Caledon Inc.
Subject: Application to amend Zoning By-law No. 2006-50 Refusal or neglect of Town of Caledon to make a decision
Existing Zoning: Rural Residential (RR)
Proposed Zoning: Residential One – Exception XX (R1-XX) and Townhouse Residential -Exception XX (RT-XX
Purpose: To permit residential development
Property Address/Description: 6098, 6110, 6112, 6114, 6122, 6124, 6126 and 6142 Old Church Road
Municipality: Town of Caledon
Municipality File No.: RZ 2020-0006
OLT Case No.: OLT-21-001273
OLT File No.: OLT-21-001274
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stylux Caledon Inc.
Subject: Proposed Plan of Subdivision - Failure of Town of Caledon to make a decision
Purpose: To permit residential development
Property Address/Description: 6098, 6110, 6112, 6114, 6122, 6124, 6126 and 6142 Old Church Road
Municipality: Town of Caledon
Municipality File No.: No. 21T-20003C
OLT Case No.: OLT-21-001273
OLT File No.: OLT-21-001275
Heard: May 02, 2022 via video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Stylus Caledon Inc. | M. Flowers, S. Lampert |
| Town of Caledon | R. Kehar, A. Vandervoot |
| Region of Peel | A. Sanichara |
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON MAY 2, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for the appeals made by Stylux Caledon Inc. (“Stylux”) for the failure of the Town of Caledon (“Town”) to make a decision within the legislative time frame for s. 22(7) on an application to amend the Official Plan (“OPA”), s. 34(11) amendment to the Zoning By-law (“ZBA”), and s. 51(34) Plan of Subdivision of the Planning Act (“Act”).
2Stylux proposes to construct 12 single detached lots, 25 townhome units, with a future development lot. The subject site is 1.8 hectares that encompasses Russell Mason Court in its entirety, and 6098, 6110, 6112, 6114, 6122, 6124, 6126, and 6142 Old Church Road.
3The Affidavit of Service of the Notice of CMC attesting that the Notice had been served on April 1, 2022 was marked as Exhibit “1”.
PARTY STATUS
4The Region of Peel (“Peel”) requested party status on the grounds that they share a number of the same issues identified by the Town. Both the Town and Stylux supported the request for party status. Peel was granted Party Status by the Tribunal.
REQUEST OF THE PARTIES
5The Parties requested that the Tribunal set aside 10 days mid to late February 2023 for a hearing of the merits. It is the intentions of the Parties to scope the Issues List and resolve some of the issues to reduce the time required for the hearing.
6The hearing of the merits will begin on Tuesday, February 2