Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 29, 2022
CASE NO(S).:
OLT-21-001326
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant:
Capital Paving Inc.
Subject:
Failure of Township of Woolwich to announce a decision respecting Proposed Official Plan Amendment No. 3
Municipality:
Township of Woolwich
Municipal File No.:
D09 OPA 3/2019
OLT Case No.:
OLT-21-001326
OLT Lead Case No.:
OLT-21-001326
OLT Case Name:
Capital Paving Inc. v. Woolwich (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Capital Paving Inc.
Subject:
Application to amend Zoning By-law No. ZBA 9/2019 – Neglect or Refusal of application by Township of Woolwich
Existing Zoning:
Agricultural (A)
Proposed Zoning:
Site-specific Extractive (E) zone
Purpose:
To permit a new sand and gravel pit operating above the water table (“Shantz Station Pit”)
Property Address/Description:
1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road
Municipality:
Township of Woolwich
Municipal File No.:
D15 ZC 9/2019
OLT Case No.:
OLT-21-001325
OLT Lead Case No.:
OLT-21-001326
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A. 8, as amended
Referred by:
Ministry of Natural Resources and Forestry (MNRF)
Objectors:
Bonnie Bryant, Adrianne Ball, et al.
Applicant:
Capital Paving Inc.
Subject:
Application for a (Class A or B) licence for the removal of aggregate
Property Address/ Description:
1175 Foerster Road, 1195 Foerster Road, 1226 Maryhill Road and 1472 Village View Road
Municipality:
Township of Woolwich
OLT Case No.:
OLT-22-001992
OLT Lead Case No.:
OLT-21-001326
Heard:
July 13, 2022 via Telephone Conference Call (“TCC”)
APPEARANCES:
Parties
Counsel
Capital Paving Inc.
David White
Township of Woolwich
Kevin Thompson
The Regional Municipality of Waterloo
Fiona McRae
Hopewell Creek Residents Association Inc.
Konstantine Stavrakos
John P. Schaman
Self-represented
MEMORANDUM OF ORAL DECISION DELIVERED BY R.G.M. MAKUCH ON JULY 13, 2022 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was initially scheduled for July 8, 2022 but was adjourned due to the “Rogers” loss of service, which occurred on that day.
2The purpose of the CMC is to finalize the Procedural Order (“PO”) and Issues List and the parties advised that they have agreed on these matters.
3The hearing will commence on Monday, July 10, 2023 at 10 a.m. Twenty (20) days have been set aside.
4Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889
Access code: 519-389-173
5Parties 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 at: https://app.gotomeeting.com/home.html
6Persons 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.
7Individuals 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 hearing by video 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.
8The proceedings will be governed by Attachment “1” hereto.
9There will be no further notice.
10I am not seized.
11It is so ordered.
“R.G.M. Makuch”
R.G M. MAKUCH
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.
Attachment “1”