Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: August 03, 2022

CASE NO(S).: OLT-22-003071

PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Appellant: Minto Communities Inc. Appellant: Southeast Courtice Landowners Group Inc. Appellant: Tribute Communities Subject: Proposed Official Plan Amendment 124 Description: To include the Southeast Courtice Secondary Plan into the Clarington Official Plan Reference Number: OPA 124 Municipality/UT: Clarington/Durham OLT Case No: OLT-22-003071 OLT Lead Case No: OLT-22-003071 OLT Case Name: Minto Community Inc. v. Durham (Municipality)

Heard: July 20, 2022 by video hearing

APPEARANCES:

Parties Counsel*/Representative

Minto Communities Inc. (Minto) Giovanna Campagna

Southeast Courtice Landowners Group Inc. (SC Group) Tribute (King Street) Limited Riley Park Developments Inc. Tribute (Courtice) Limited (Tribute) Chris Barnett*

Municipality of Clarington (Clarington) Robert Maciver*

Regional Municipality of Durham (Region) Robert Woon*

MEMORANDUM OF ORAL DECISION DELIVERED T.F. NG ON JULY 20, 2022 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The matter before the Tribunal is a first Case Management Conference (“CMC”) of an appeal under s. 17(36) of the Planning Act (“Act”) with respect to the Municipality of Clarington’s (“Clarington”) Official Plan Amendment No. 124 (“OPA 124”). The purpose of the amendment is to include the Southeast Courtice Secondary Plan (“SCSP”) into the Clarington Official Plan (“OP”). The SCSP, including Urban Design and Sustainability Guidelines will facilitate the development of a sustainable, liveable and inclusive community in Courtice.

2The Appellants, Minto Communities Inc. (“Minto”); Southeast Courtice Landowners Group Inc. (“SC Group”); and Tribute (King Street) Limited, Riley Park Developments Inc., Tribute (Courtice) Limited (together “Tribute”) (hereinafter collectively “the Appellants”) have properties (“subject properties/subject lands”) that are affected by OPA 124 and have filed appeals.

3The Affidavit of Service of Notice of CMC sworn July 5, 2022, was marked as Exhibit 1.

PARTY/PARTICIPANT REQUESTS

4The Tribunal received no requests for party or participant status.

SETTLEMENT

5Counsel informed the Tribunal that the Appellants, Clarington and the Regional Municipality of Durham (“Region”) have settled the Appeals and requested the CMC be converted to a settlement hearing.

6Following the filing of the appeals with the Tribunal, the SC Group, Tribute, Minto, Clarington and the Region engaged in discussions and correspondence in an effort to reach a settlement of the appeal and avoid a lengthy Tribunal hearing.

7Through those discussions, the parties were able to reach agreement on proposed revised language for Policy 4.4.7 presented to the Tribunal for approval. The revised language for Policy 4.4.7 is reflected in Minutes of Settlement (“Minutes”) entered into by all parties to the appeals.

8The Region modified the Clarington approved Policy 4.4.7 to read as follows (bolded and underlined words reflect words added by the Region and strikeouts in red indicate words deleted by the Region):

“Development on lands designated Medium Density Regional Corridor shall have a minimum net density