Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 31, 2022
CASE NO(S).: OLT-22-002437 (Formerly PL180954)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2278082 Ont. Inc. (James Dick Construction Ltd.)
Appellant: A & W Food Services of Canada Inc.
Appellant: McDonalds Restaurants of Canada Ltd
Appellant: Ministry of Municipal Affairs and Housing; and others
Subject: Proposed Official Plan Amendment No. OPA 31
Municipality: Town of Milton
OLT Case No.: OLT-22-002437
Legacy Case No.: PL180954
OLT Lead Case No.: OLT-22-002437
Legacy Lead Case No.: PL180954
OLT Case Name: 2278082 Ont. Inc. et al v. Milton (Town)
Heard: April 07, 2022, by video hearing
APPEARANCES:
Parties
Counsel
Town of Milton (“Town”)
Konstantine Stravakos
Elizabeth Robertson
Steven Ferri
2278082 Ont. Inc. (James Dick Construction Ltd.) (“JDCL”)
David White
Region of Halton (“Region”)
David Germain
Ministry of Municipal Affairs and Housing (“Ministry”)
Anna-Lee Beamish
DECISION DELIVERED BY D. CHIPMAN AND ORDER OF THE TRIBUNAL
1This Motion hearing was convened to hear the settlement of the Parties to resolve certain appeals and scope one remaining appeal for further hearing.
2The purpose and effect of Official Plan Amendment No. 31 (“OPA 31”), adopted by the Town Council through By-Law No. 069-2010 enacted and passed on June 10, 2010, is to update the Town's Official Plan (“OP”) to achieve conformity with the applicable provincial plans and the Region’s OP as amended by Regional Official Plan Amendment No. 38.
3The Tribunal affirmed and qualified David Twigg, Senior Policy Planner with the Town, to provide opinion evidence on the planning merits of the modifications sought to OPA 31 to address the appeals on settlement.
4The Tribunal heard that since the filing of the Appeal, the Town, the Region, the Ministry and Ms. Robertson have had without prejudice discussions, through which they have identified policy modifications that would resolve the Ministry and the Robertson Appeals. The Ministry and Robertson modifications address issues of wording, definitions, Agricultural and Natural Heritage System mapping and provide some additional detail in the policies regarding on-farm diversified uses and agriculture related uses.
5The Tribunal heard that the Modified Policies, have appropriate regard for the matters listed in s. 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020 (“PPS”), and conform with or do not conflict with the Growth Plan for the Greater Golden Horseshoe, 2019 (“Growth Plan”).
6The Tribunal heard a review of JDCL’s remaining issues and the request to have some time to work on the issues with the Town and the Region before bringing them back to the Tribunal. It was discussed by the Tribunal and counsel for JDCL that should attempts at a resolution to some, or all of those outstanding issues fail to be resolved, a further CMC be scheduled to move this matter forward to a hearing.
7Some of the remaining sections include:
The removal of the Extraction Designation which JDCL believes to be premature given the Application. Schedules 1, A, L, M, O and P should be deferred pending the outcome of the Application. If the Application is approved, the Subject Lands should continue to be designated Mineral Resource Extraction Area in accordance with the criteria contained in Section 4.7.1.2 of the Town’s OP.
Sections 2.1.3.3 and 4.3 state that the Town’s Agricultural System is, and will continue to be, an area where the predominate use of land is agriculture. The Subject Lands are not identified as being a prime or candidate agricultural area under the Provincial Plans.
Section 4.7.3 as drafted is not consistent with the PPS. This error has not yet been corrected.
Section 4.7.4.2 is unclear which aggregate areas would be protected by the Town based on the use of the subjective wording.
8The Tribunal heard that JDCL is requesting this be revised to reflect that the Agricultural System includes non-agricultural uses, or the Agricultural System mapping (Schedule O) needs to be corrected as it applies to the Subject Lands.
FINDINGS
9On the settlement of the Parties and the uncontested evidence of Mr. Twigg and having considered the related decisions of the Town and the Region, the Tribunal finds that the proposed modifications to OPA 31 satisfy all statutory requirements: suitable regard for provincial interests; consistent with the PPS; conform with the Growth Plan; conform with the Region OP; and represent good planning in the public interest for the Town.
10The foregoing findings do not apply to the now scoped, remaining appeal of JDCL.
11THE TRIBUNAL ORDERS that:
the appeals of the Ministry of Municipal Affairs and Housing and Elizabeth Robertson, are allowed in part, and the modifications to policies and schedules of Official Plan Amendment No. 31, included as Attachment “1” to this Order (the “Modified Policies”), are approved in accordance with the Minutes of Settlement between Town of Milton, Region of Halton and the Ministry (the “Ministry MoS”) and the Minutes of Settlement between Town of Milton, Region of Halton and Ms. Robertson (the “Robertson MoS”);
the appeal of 2278082 Ontario Inc. (“JDCL”) of policies 2.1.3.3, 2.2.3.7, 2.3.3.11 b to 2.3.3.11 o (inclusive), 4.3, 4.7.3, 4.7.4.2, 4.9.3.12 and Schedules 1, A, L, M, O and P to be scoped as site-specific to JDCL’s lands at Part of Lots 6 and 7, Concession 2, former Township of Nassagaweya;
Official Plan Amendment No. 31 is declared in full force and effect, except with respect to the site-specific appeal of JDCL;
the balance of JDCL’s appeal is adjourned sine die;
Town of Milton, Region of Halton or JDCL may request a further case management conference for the purpose of scheduling a hearing of JDCL’s site specific appeal;
the time for service of the Notice of Motion and supporting materials is extended or attenuated; and
the following participants will be copied on the notice for any future hearing event relating to the site-specific appeal of JDCL through their counsel: Stonegate Properties Inc., 527049 Ontario Ltd. o/a Campbellville Distribution Centre, and Association of Citizens Together In Our Nassagaweya (ACTION).
12The Tribunal may be contacted for case management purposes should the need arise.
“D. Chipman”
D. chipman
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-22-002437 – Attachment 1