Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 19, 2022
CASE NO(S).: OLT-22-002301
(Formerly) PL190515
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.
Subject: Application to amend Zoning By-law No. 2010-040 - Refusal or neglect of Town of Collingwood to make a decision
Existing Zoning: Rural, Environmental Protection
Proposed Zoning: Residential R3, Environmental Protection, Recreational, Commercial
Purpose: To permit a 170 unit subdivision development
Property Address/Description: Part of Lots 47, 48 and 49, Concession 12
Municipality: Town of Collingwood
Municipality File No.: D14211
OLT Case No.: OLT-22-002301
Legacy Case No.: PL190515
OLT Lead Case No.: OLT-22-002301
Legacy Lead Case No.: PL190515
OLT Case Name: Huntingwood Trails (Collingwood) Ltd v. Collingwood (Twn.)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.
Subject: Proposed Plan of Subdivision - Failure of Town of Collingwood to make a decision
Purpose: To permit a 170 unit subdivision development
Property Address/Description: Part of Lots 47, 48 and 49, Concession 12
Municipality: Town of Collingwood
Municipality File No.: D1201111
OLT Case No.: OLT-22-002311
Legacy Case No.: PL190516
OLT Lead Case No.: OLT-22-002301
Legacy Lead Case No.: PL190515
Heard: May 9, 2022 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Huntingwood Trails (Collingwood) Ltd.
Susan Rosenthal
Jamie Cole
Town of Collingwood
Eric Davis
County of Simcoe
Greg Marek* (in absentia)
Nottawasaga Valley Conservation
Sarah Hahn
Authority
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON MAy 9, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the fourth Case Management Conference (“CMC”) held as a video hearing for the appeals of Huntingwood Trails (Collingwood) Ltd. (the “Appellant”). The Appellant had applied for a zoning by-law amendment and an approval of a plan of subdivision for properties comprising Part of Lots 47, 48 and 49, Concession 12 (the “subject lands”) located in the Town of Collingwood (“Town”). The Town failed to make a decision, which resulted in the appeals under s. 34(11) and s. 51(34) of the Planning Act.
Procedural Order and Issues List
2The purpose of this CMC was to update the Tribunal of the status of this matter in advance of the scheduled merit hearing date of August 8, 2022. The Parties had previously agreed to further scope the issues, endeavour to reduce the number of witnesses and shorten the number of days required for the Hearing.
3Ms. Rosenthal advised the Tribunal that Messrs. Mifflin, Krolow and Neate, represented by Leo Longo, have withdrawn their appeal and are no longer a Party to this proceeding.
4Ms. Rosenthal also advised that the County of Simcoe (“County”) issue has been resolved, subject to Conditions of Approval that would be presented at the upcoming Hearing of the Merits.
5Mr. Davis, representing the Town, agreed with Ms. Rosenthal’s submissions. He advised that he was titularly representing the County at this CMC, and submitted that, although he agreed that the County issue had been resolved, it would be premature to remove the County issue from the Issues List or to remove the County from the Order of Evidence at this time.
6Ms. Hahn, representing the Nottawasaga Valley Conservation Authority, was also in agreement with the submissions by Ms. Rosenthal and Mr. Davis.
Upcoming Hearing of the Merits Scheduled for August 8, 2022
7The upcoming Hearing is scheduled for a total of 25 days. The Parties agreed that the number of hearing days will likely be reduced but were reluctant to do so until further discussions amongst the Parties took place.
8The Parties also agreed that a further CMC is not required.
9Ms. Rosenthal submitted that, should the Parties reach a settlement, the Tribunal would be advised well in advance and a one-day settlement Hearing schedule would be requested.
10The Tribunal received a revised Procedural Order and Issues List shortly after the CMC and is attached as Schedule 1 to this Order.
11The Hearing of the Merits is scheduled to proceed by video conference on Monday, August 8, 2022, at 10 a.m. for a period of 25 days.
12Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/240889909
Access Code: 240-889-909
13Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
14Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the video hearing to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
16The Member is not seized, and is available for case management, schedules permitting.
17No further notice will be provided.
“T. Prevedel”
t. prevedel
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.
OLT-22-002301 – Schedule 1
Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.
Subject: Application to amend Zoning By-law No. 2010-040 - Refusal or neglect of Town of Collingwood to make a decision
Existing Zoning: Rural, Environmental Protection
Proposed Zoning: Residential R3, Environmental Protection, Recreational, Commercial
Purpose: To permit a 170 unit subdivision development
Property Address/Description: Part of Lots 47, 48 and 49, Concession 12
Municipality: Town of Collingwood
Municipality File No.: D14211
OLT Case No.: OLT-22-002301
Legacy Case No.: PL190515
OLT Lead Case No.: OLT-22-002301
Legacy Lead Case No.: PL190515
OLT Case Name: Huntingwood Trails (Collingwood) Ltd v. Collingwood (Twn.)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Huntingwood Trails (Collingwood) Ltd.
Subject: Proposed Plan of Subdivision - Failure of Town of Collingwood to make a decision
Purpose: To permit a 170 unit subdivision development
Property Address/Description: Part of Lots 47, 48 and 49, Concession 12
Municipality: Town of Collingwood
Municipality File No.: D1201111
OLT Case No.: OLT-22-002311
Legacy Case No.: PL190516
OLT Lead Case No.: OLT-22-002301
Legacy Lead Case No.: PL190515
Procedural Order
The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The video hearing will begin on Monday, August 8, 2022 at 10 a.m. at the following link:
GoTo Meeting: https://global.gotomeeting.com/join/240889909
Audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373
Access Code: 240-889-909
No further notice shall be required.
The length of the hearing will be approximately 25 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties (see Attachment “4” for the meaning of these terms) identified at the Case Management Conference are listed in Attachment “1” to this Order.
The issues for the hearing are set out in the Issues List attached as Attachment “2” to this Order. There will be no changes to this List unless the Tribunal permits, and a party who asks for changes may have costs awarded against it, except if the Issues List is modified on consent of the parties, through mediation or pursuant to a settlement between any of the parties.
The Order of Evidence for the hearing is listed in Attachment “3” to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel, and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Monday, April 11, 2022 and in accordance with paragraph 21 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before Tuesday, May 10, 2022 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT Case Coordinator on or before Wednesday, May 25, 2022.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 12. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 12. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 12 below.
On or before Friday, June 10, 2022, the parties shall provide copies of their witness and expert witness statements to the other parties and to the OLT Case Coordinator and in accordance with paragraph 21 below.
On or before Friday, June 10, 2022, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 21 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
Parties may provide to all other parties and the OLT Case Coordinator a written response to any written evidence on or before Monday, July 11, 2022 and in accordance with paragraph 21 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case coordinator on or before Monday, July 25, 2022.
On or before Friday, July 29, 2022, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 21 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Any documents which may be used by a party in cross examination of an opposing party’s witness shall be password protected and only be accessible to the Tribunal and the other parties if it is introduced as evidence at the hearing, pursuant to the directions provided by the OLT Case Coordinator, on or before the morning that cross examination is to occur.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides a witness’ written evidence or expert witness statement to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days prior to the hearing that same is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Tuesday, August 2, 2022 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be electronic and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So Orders the Tribunal.
SUMMARY OF DATES
DATE
EVENT
Monday, April 11, 2022 119 days prior to the hearing date
Parties to exchange lists of witnesses (names, disciplines, and order to be called)
Tuesday, May 10, 2022 90 days prior to the hearing date
Expert witnesses in the same field shall have a meeting
Wednesday, May 25, 2022 75 days prior to the hearing date
Parties must prepare and file a Statement of Agreed Facts and Issues
Friday, June 10, 2022 59 days prior to the hearing date
Witness Statements, expert reports, Participant Statements, and the written evidence of witnesses to be exchanged
Monday, July 11, 2022 30 days prior to the hearing date
Reply Witness Statements and the reply to written evidence of witnesses (if any) to be exchanged
Monday, July 25, 2022 15 days prior to the hearing date
Joint document book to be filed
Friday, July 29, 2022 10 days prior to the hearing date
Parties to exchange copies of visual evidence
Tuesday, August 2, 2022 6 days prior to the hearing date
Parties to file draft hearing plan with the OLT case coordinator
On or before the morning that cross examination is to occur.
Password protected cross examination documents to be exchanged and filed with the OLT case coordinator
Monday, August 8, 2022
Hearing commences
ATTACHMENT 1
list of parties
PARTIES
COUNSEL
Huntingwood Trails (Collingwood) Ltd.
Davies Howe LLP
425 Adelaide Street West, 10^th^ Floor
Toronto, ON M5V 3C1
Susan Rosenthal
Email: susanr@davieshowe.com
Tel: (416) 263-4518
Jamie Cole
Email: jamiec@davieshowe.com
Tel: (416) 263-4511
Town of Collingwood
Miller Thomson LLP
295 Hagey Boulevard, Suite 300
Waterloo, ON N2L 6R5
Eric Davis
Email: edavis@millertomson.com
Tel: (519) 579-3660
County of Simcoe
Legal Services Department
1110 Highway 26
Midhurst, ON L9X 1N6
Marshall Green
Email: marshall.green@simcoe.ca
Tel: (705) 726-9330 ext. 1657
Nottawasaga Valley Conservation Authority
Barriston Law
151 Ferris Lane, Suite 202
Barrie, ON L4M 6C1
Sarah Hahn
Email: shahn@barristonlaw.com
Tel: (705) 792-6910
Paul Neate, Chris Mifflin, and Chris Krolow
Aird & Berlis LLP
Brookfield Place
181 Bay Street, Suite 1800
Toronto, ON M5J 2T9
Leo Longo
Email: ~~llongo@airdberlis.com~~
Tel: (416) 865-7778
ATTACHMENT 2
ISSUES LIST
The identification of an issue on this list does not mean that all parties agree that the issue, or the manner in which it is expressed, is appropriate for or relevant to the proper determination of the appeals. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.
NOTTAWASAGA VALLEY CONSERVATION AUTHORITY
Provincial Policy Statement, 2020
Natural Hazards
Have the applications demonstrated consistency with Section 3.1.1 b) of the PPS, by demonstrating that the proposed development has been directed to areas outside of hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards?
Have the applications demonstrated consistency with Section 3.1.2 c) of the PPS, by demonstrating that the proposed development is outside of an area that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard?
Have the applications demonstrated consistency with Section 3.1.2 d) of the PPS by demonstrating that the development is outside of a floodway regardless of whether the area of inundation contains high points of land not subject to flooding?
Natural Heritage
Have the applications demonstrated consistency with Section 2.1.2 of the PPS by demonstrating that the diversity and connectivity of natural features in an area, and the long term ecological function and biodiversity of natural heritage systems has been maintained, restored or, where possible, improved, recognizing linkages between and among natural heritage features and areas, surface water features and ground water features?
Have the applications demonstrated consistency with Section 2.1.4 a) of the PPS by demonstrating that development and site alteration have not been proposed in significant wetlands in Ecoregions 5E, 6E and 7E?
Have the applications demonstrated consistency with Section 2.15 of the PPS by demonstrating that development and site alteration have not been proposed in: b) significant woodlands in Ecoregions 6E and 7E and d) significant wildlife habitat unless it has been demonstrated that there will be no negative impacts on the natural features or their ecological functions?
Have the applications demonstrated consistency with Section 2.1.7 of the PPS by demonstrating that all development and site alteration are outside of the habitat of endangered species and threatened species, except in accordance with provincial and federal requirements?
Have the applications demonstrated consistency with Section 2.1.8 of the PPS by demonstrating that development and site alteration have not been proposed on adjacent lands to the natural heritage features and areas identified in policies 2.1.4, 2.1.5 and 2.1.6 unless the ecological function of the adjacent lands has been evaluated and it has been demonstrated that there will be no negative impacts on the natural features or on their ecological functions?
County of Simcoe Official Plan
Natural Hazards
Have the applications demonstrated conformity with Section 4.5.9 b) of the County of Simcoe Official Plan (SCOP) by demonstrating that development has generally been directed to areas outside of: hazardous lands adjacent to river, stream and small inland lake systems which are impacted by flooding hazards and/or erosion hazards?
Have the applications demonstrated conformity with Section 4.5.10 b) of the SCOP by demonstrating that the proposed development is outside of an area that would be rendered inaccessible to people and vehicles during times of flooding hazards, erosion hazards and/or dynamic beach hazards, unless it has been demonstrated that the site has safe access appropriate for the nature of the development and the natural hazard?
Have the applications demonstrated conformity with Section 4.5.10 c) of the SCOP by demonstrating that the development is outside of a floodway regardless of whether the area of inundation contains high points of land not subject to flooding?
Natural Heritage
Have the applications demonstrated conformity with Section 3.3.15 i) of the County of Simcoe Official Plan (SCOP) by demonstrating that development and site alteration have not been proposed in significant wetlands and significant coastal wetlands?
Have the applications demonstrated conformity with Section 3.3.15 ii) of the SCOP by demonstrating that development and site alteration have not been proposed in the following, and has it been demonstrated that there will be no negative impacts on the natural features or their ecological functions: significant woodlands, significant valleylands, significant wildlife habitat, significant areas of natural and scientific interest (ANSis), and coastal wetlands?
Have the applications demonstrated conformity with Section 3.3.15 v) of the County of Simcoe Official Plan by demonstrating that development and site alteration have not been proposed in habitat of endangered species and threatened species, except in accordance with provincial and federal requirements?
Have the applications demonstrated conformity with Section 3.3.15 vi) of the SCOP by demonstrating that development and site alteration have not been proposed on adjacent lands to the natural heritage features and areas listed above*, and that the ecological function of the adjacent lands has been evaluated and has it been demonstrated that there will be no negative impacts on the natural features or on their ecological functions? Adjacent lands shall generally be considered to be:
a) Within 120 metres of habitat of endangered species and threatened species, significant wetlands, significant coastal wetlands, wetlands 2.0 hectares or larger determined to be locally significant by an approved EIS, significant woodlands, significant wildlife habitat, significant areas of natural and scientific interest – life science, significant valleylands , and fish habitat;
b) Within 50 metres of significant areas of natural and scientific interest – earth science.
- Natural Heritage Features and Areas (Natural Heritage) (as defined in Section 5.8 Definitions of SCOP) means features and areas, including significant wetlands, significant and other coastal wetlands, habitat of endangered species and threatened species, fish habitat, significant woodlands, significant wildlife habitat, significant valleylands, and significant areas of natural and scientific interest which are important for their environmental and social values as a legacy of the natural landscapes of an area.
Town of Collingwood Official Plan
Natural Hazards
- Have the applications demonstrated conformity with Section 4.1.3.10.2.1 of the Town of Collingwood Official Plan entitled “Prohibited Uses” which outlines that habitable buildings and structures shall not be permitted within the defined floodplains of Silver Creek, Black Ash Creek and the Batteaux River?
Site Specific Official Plan Amendment
Natural Hazards
- Have the applications demonstrated conformity with Section 4.3.4.4.5.8 Part Lots 48 and 49, Concession 12 Development Area #2 of the Official Plan Amendment which outlines the following:
e) On the basis of the designation and dedication of these lands identified in hatching, it is confirmed that no further natural heritage studies or buffers are required. Despite this policy, in addition to whatever studies are identified as required by Section 8.13, [are the] current and future Planning Act applications supported by:
ii. a natural hazard assessment prepared to the satisfaction of the Town and the NVCA demonstrating that all proposed development will be located in accordance with Section 3.1 of the Provincial policy Statement?
Natural Heritage
- Have the applications demonstrated conformity with Section 4.3.4.5.8 Part Lot 48 and 2, Concession 12 Development Area #2 of the site specific Official Plan Amendment which outlines the following:
b) It will be a condition of draft approval of the development that the lands identified in cross hatching adjacent to DA#2 shall be dedicated to the Town of Collingwood upon registration of the development as per the subdivision/condominium and/or consent process?
e) On the basis of the designation and dedication of these lands identified in hatching, it is confirmed that no further natural heritage studies or buffers are required. Despite this policy, in addition to whatever studies are identified as required by Section 8.13, [are the] current and future Planning Act applications supported by:
i. details demonstrating that the proposed development mitigates any negative impacts on the natural heritage features or their ecological functions through appropriate measures to the satisfaction of the Town and the NVCA?
iii. details demonstrating that the proposed development satisfies the requirements of the Provincial Policy Statement and the Endangered Species Act with respect to species at risk?
TOWN OF COLLINGWOOD
Do the subject applications (draft plan of subdivision and zoning by-law amendment) have regard to subsections 2 (a), (d), (e), (f), (h), (i), (j), (k), (l), (m), (n), (o), (p), (q), (r) and (s) of the Planning Act?
Does the draft plan of subdivision have regard for subsection 51(24), including items (a) through (m), of the Planning Act?
Provincial Policy Statement, 2020
- Are the subject applications consistent with the Provincial Policy Statement, 2020, including, but not limited to, sections:
(a) 1.1.1(a), (b), (c), (e), (f), (g), (h) and (i);
(b) 1.1.2;
(c) 1.1.3 (excluding 1.1.3.8 and 1.1.3.9);
(d) 1.4 (excluding 1.4.1 and 1.4.2);
(e) 1.5;
(f) 1.6 (especially 1.6.6);
(g) 1.8;
(h) 2.1 (excluding 2.1.4(b) and 2.1.6);
(i) 2.2;
(j) 3.1 (excluding 3.1.1(a), 3.1.2(a), 3.1.2(b), 3.1.5 and 3.1.8);
(k) 3.2;
(l) 4.0 (excluding 4.4, 4.5, 4.8 and 4.9); and,
(m) the related definitions?
Growth Plan
- Do the subject applications conform with A Place to Grow, Growth Plan for the Greater Golden Horseshoe, as amended, including, but not limited to, sections:
(a) 2.2.1 (excluding 2.2.1.5 and 2.2.1.6);
(b) 2.2.6;
(c) 2.2.7 (excluding 2.2.7.4 and 2.2.7.5);
(d) 3.2.6;
(e) 3.2.7;
(f) 4.2.1;
(g) 4.2.2 (specifically 4.2.2.6);
(h) 6 (excluding 6.2.1, 6.2.2, 6.3.1, 6.3.3, 6.3.4 and 6.3.5 and 6.4); and,
(i) the related definitions?
County of Simcoe Official Plan
- Do the subject applications conform with the County of Simcoe Official Plan, including, but not limited to, policies under:
(a) 3.2 Population and Employment Projections/Allocations (excluding 3.2.2, 3.2.5, 3.2.9, 3.2.10, 3.2.15, 3.2.16 and 3.2.17);
(b) 3.3 General Development Policies (excluding 3.3.1, 3.3.3, 3.3.5, 3.3.7, 3.3.10 to 3.3.13, 3.3.15(iv), 3.3.16, 3.3.22, 3.3.24 and 3.3.25);
(c) 3.5 Settlements (specifically 3.5.2, 3.5.3, 3.5.4, 3.5.14, 3.5.15 and 3.5.16 though excluding 3.5.5, 3.5.6, 3.5.8, 3.5.10 – 3.5.13, 3.5.17 – 3.5.22, 3.5.25, 3.5.27 and 3.5.31);
(d) 3.8 Greenlands (specifically, 3.8.13);
(e) 4.1 Healthy Communities and Housing Development;
(f) 4.3 Affordable Housing;
(g) 4.5 Resource Conservation (excluding 4.5.5, 4.5.8, 4.5.11, 4.5.12, 4.5.19, 4.5.20-4.5.22 and 4.5.24-4.5.41); and,
(h) the related definitions?
Town of Collingwood Official Plan
- Do the subject applications conform with the policies of the Town of Collingwood Official Plan, including, but not limited to, policies under sections:
(a) 2.5 Growth Management (excluding 2.5.3.1, 2.5.3.2 and 2.5.6);
(b) 3.1 General (Development);
(c) 3.3 Development Staging;
(d) 3.5 Municipal Services;
(e) 3.6 Service Areas;
(f) 3.8 Urban Design;
(g) 3.9 Natural Hazards, specifically 3.9.1 and 3.9.2;
(h) 3.10 Conservation Authorities;
(i) 3.11 Waste Disposal Assessment Areas;
(j) 3.12 Energy Efficiency, Air Quality and Climate Change Adaptation;
(k) 3.13 Attenuation of Noise, Vibration, Odour and Noxious Emissions (excluding 3.13.2);
(l) 3.16 Potentially Contaminated Sites;
(m) 4.1 Environmental Protection (4.4.1. Goals, 4.1.2 Objectives, 4.1.3 Policies, 4.1.3.1 Permitted Uses, 4.1.3.3 Boundaries, 4.1.3.4 Detailed Delineation, 4.1.3.6 Development Approach, 4.1.3.7 Building Setbacks, 4.1.3.8 Lands Under Private Ownership, 4.1.3.9 Public Acquisition of Environmental Protection Areas, 4.1.3.10 Development within Flood-prone Areas, 4.1.3.11 Development in Association with Erosion Hazards, 4.1.3.12 Additional Criteria, Schedule B - Natural Heritage Resource Areas, 4.1.3.13 Environmental Buffers and 4.1.3.15 Environmental Monitoring);
(n) 4.3 Residential (4.3.1 Goals and Objectives, 4.3.2 Policies, 4.3.2.1.5 General Intensification – Accessory Apartment and Second Units, 4.3.2.2 Urban Design, 4.3.2.3 Affordable Housing, 4.3.2.4 General Policies, 4.3.2.4.1 Uses, 4.3.2.4.2 Servicing 4.3.2.4.3, Parking, 4.3.2.4.5, Access, 4.3.2.4.8 Buffering, 4.3.2.5.3.3 Huntingwood Part Lot 48, Concession 12, 4.3.2.12 Residential Impact Studies);
(o) 5.0 Transportation, 5.1 Goals, 5.2 Objectives, 5.3 Policies – specifically 5.3.2 Road Policies, 5.3.3.3 Local Roads, 5.3.4.1 Road Improvements, 5.3.4.2 Intersection Improvements, 5.3.4.5 Environmental Impact, 5.3.8 Public Transit, 5.3.9 Parking, Access and Loading Facilities, 5.3.10 Trail Systems;
(p) 8.2.1 Zoning By-laws (8.2.1.1 General and 8.2.1.2 Zoning Amendments);
(q) 8.2.2 Holding By-laws;
(r) 8.5 Plans of Subdivision/Condominium;
(s) 8.13 Pre-Consultation/Additional Information and Materials; and,
(t) the related definitions?
Natural Hazards / Natural Heritage
What portions of the subject lands are within a natural hazard area, and what are the developable areas of the subject lands?
Is it premature to proceed with the approval of a draft plan of subdivision and zoning by-law amendments to permit residential use prior to confirming the extent of the natural hazard area and the developable areas of the subject property?
Should the undevelopable areas of the subject property be designated Environmental Protection in the Town of Collingwood’s Official Plan?
Have development impacts on natural heritage features been adequately addressed (i.e. can negative impacts be mitigated)?
Is it premature to proceed with draft approval of the plan of subdivision and zoning by-law amendments to permit residential use prior to addressing how development impacts on natural heritage features will be addressed?
What are the impacts of the unresolved natural hazard and natural heritage issues on the policies, provisions and schedules for the proposed plan of subdivision and zoning by-law amendment?
Do the subject applications require an official plan amendment (e.g. with respect to natural hazards, conveyance of lands under Collingwood Official Plan policy 4.3.2.5.3.3 d) and management of impacts on natural heritage areas?
Land Use Compatibility
- Do the subject applications adequately address issues of immediate and long-term land use compatibility with surrounding properties?
Servicing
Can the proposed development be appropriately serviced in terms of water, sanitary and stormwater management infrastructure, in accordance with Town standards, guidelines and practices?
Is there sufficient water and wastewater servicing capacity and allocation to adequately service the proposed development and would servicing the proposed development be in accordance with Town standards, guidelines and practices?
Is it appropriate to apply a holding provision to any zoning by-law amendment to ensure the availability of water and wasterwater servicing capacity and allocation for developable areas?
Urban Design
- Do the subject applications appropriately address subdivision configuration and urban design issues, including, but not limited to:
(a) vehicular and pedestrian circulation and connectivity;
(b) lotting;
(c) built form;
(d) building envelopes and coverage;
(e) setbacks;
(f) on-street parking;
(g) waste collection;
(h) snow storage and removal;
(i) landscaping and amenity space;
(j) buffering and relationships with adjacent uses;
(k) perception of density; and,
(l) creation of visual interest?
Does the proposed development provide for appropriate streetscapes with a pedestrian scale?
If the proposed zoning is appropriate, are any exceptions to the proposed zoning necessary to address relevant urban design issues?
County Requirements
Does the proposed development appropriately address County requirements with respect to waste assessment areas?
Does the proposed development provide for County requirements with respect to waste management?
Conditions
- What are appropriate conditions of draft plan approval for the subdivision?
Good Planning
- Are the proposed draft plan of subdivision and zoning by-law amendment appropriate and represent good planning?
PAUL NEATE, CHRIS MIFFLIN & CHRIS KROLOW
1. Do these appeals promote and/or achieve the purposes set out in s. 1.1 of the Planning Act?
2. Have these appeals had appropriate and sufficient regard to the following matters of provincial interest: Planning Act, s. 2(a) & (p)?
3. Are these appeals consistent with the following policies of the Provincial Policy Statement (2020): 1.4.3(c); 1.6.6.1(a) & (b); 3.1.1(b) & (c); 3.1.2(c) & (d); 3.1.4(a) & (b); 3.1.6; 3.1.7; 4.1; 4.2; 4.6 and 4.7?
4. Are these appeals in conformity with the following policies of A Place To Grow: The Growth Plan for the Greater Golden Horseshoe (2019): 1.2.1; 2.2.1.1; 2.2.1.2; 2.2.1.4(c); 2.2.6.1; 2.2.6.2; 3.1; 3.2.1.1; 3.2.1.2; 3.2.7.1 and 3.2.7.2.?
5. Are these appeals in conformity with the following policies of the County of Simcoe Official Plan (2016): 1.3; 3.1.4; 3.3.19; 4.1.6; 4.1.7; 4.5.9; 4.5.10; 4.5.16; 4.5.17; 4.7.1; 4.7.2 and 4.7.9?
6. Are these appeals in conformity with the following policies of the Town of Collingwood Official Plan: 3.1; 3.5.1.1; 3.5.3; 3.6.2; 3.8.1.5; 3.8.2.1; 3.8.2.5; 3.8.2.6; 3.9.2; 4.3; 4.3.1.2; 4.3.1.5; 4.3.2.1; 4.3.2.1.1; 4.3.2.1.2 (a), (f) & (g); 4.3.2.2; 4.3.2.4.6; 4.3.2.4.8; 4.3.2.5.1; 4.3.2.5.2; 4.3.2.5.3.3; 4.3.2.9; 4.3.2.9.1; 4.3.9.2; 4.3.2.12; 8.2.1; 8.2.2; 8.2.2.1; 8.2.2.2 and 8.13?
7. What is the most appropriate residential zone in the Town’s Zoning By-law to place on the Development Area #2 lands? Are there any compatibility issues between Development Area #2 and the lands to the west? If so, should any site-specific zone provisions be imposed to address and mitigate these compatibility issues? Should any “H” hold provisions be imposed on the zoning of the Development Area #2 lands?
8. Have these appeals had appropriate and sufficient regard to the health, safety, convenience and welfare of the Town’s present and future inhabitants and to following criteria: Planning Act, s. 51(24)(a), (b), (c), (d), (f), (g) and (h)?
9. If these appeals are to be allowed, what revisions, if any, ought to be made to the proposed zoning by-law amendment?
10. If these appeals are to be allowed, what revisions, if any, ought to be made to the proposed plan of subdivision? What draft plan conditions ought to be imposed?
COUNTY OF SIMCOE
- Do the subject applications conform with County of Simcoe Official Plan Policy 4.9.15 D-4 Assessment Areas?
ATTACHMENT 3
ORDER OF EVIDENCE
Huntingwood Trails (Collingwood) Ltd.
Town of Collingwood
County of Simcoe
Nottawasaga Valley Conservation Authority
5. Paul Neate, Chris Mifflin, and Chris Krolow
- Reply of Huntingwood Trails (Collingwood) Ltd., if any
ATTACHMENT 4
PURPOSE OF PROCEDURAL ORDER
Case Management Conferences are scheduled by the Tribunal to organize the Hearing. This sample procedural order is provided to identify who may participate in the Hearing, the issues in dispute, and the matters that are required to be carried out before the Hearing. The attachment to this sample procedural order explains the meaning of a number of terms in the sample procedural order, such as a Party or a Participant.
The Tribunal recommends that the appellant, municipality, the applicant (if applicable), or those who wish to seek Party status in this proceeding, meet to discuss this sample procedural order before the date of the Case Management Conference and try to identify the issues and process they want the Tribunal to Order following the conference. The Tribunal will hear submissions on the content of this procedural order at the case management conference and issue a procedural order at a later date.
If you are not represented by a lawyer, you should prepare by reviewing the Appeal Guide matching your appeal type and the Tribunal’s Rules from the Tribunal, which are available on the Tribunal’s website.
Meaning of Terms used in the Procedural Order
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.