Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 5, 2022
CASE NO(S).: OLT-22-002718
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Marilyn Sowa Applicant: Stephen Guetta Subject: Consent Description: to sever the land to provide Right-of-way access to provide the abutting lot with a shorter travel distance to the public highway. Reference Number: B101/21 and B103/21 Property Address: 25b Downing Lane K0J 1H0 (Part of Lots 17 18, Concession 9) Municipality/UT: Greater Madawaska/Renfrew OLT Case No: OLT-22-002718 OLT Lead Case No: OLT-22-002718 OLT Case Name: Sowa v. Renfrew (County)
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Dwight Badham Applicant: Stephen Guetta Subject: Consent - refused by Approval Authority Description: to sever the land to provide Right-of-way access to provide the abutting lot with a shorter travel distance to the public highway. Reference Number: B103/21 Property Address: 25b Downing Lane K0J 1H0 (Part of Lots 17 18, Concession 9) Municipality/UT: Greater Madawaska/Renfrew OLT Case No: OLT-22-002719 OLT Lead Case No: OLT-22-002718 OLT Case Name: Badham v. Renfrew (County)
Heard: June 15, 2022 by Video Hearing
APPEARANCES:
| Parties | Representative |
|---|---|
| Stephen Guetta | Self-represented |
| Dwight Badham | Self-represented |
| Marilyn Sowa | Self-represented |
DECISION DELIVERED BY S. BRAUN AND P. TOMILIN AND ORDER OF THE TRIBUNAL
INTRODUCTION AND CONTEXT
1This was a hearing of two appeals with respect to applications for provisional consent pursuant to s. 53(19) of the Planning Act1 (“Act”) by Stephen Guetta, the owner of Part of Lots 17 and 18, Concession 9 (“subject property” / “subject site”). Mr. Guetta applied for three related consents: B101/21, B102/21 and B103/21 (collectively, “the Applications”). The Applications do not propose to create new lots or new development rights, but rather, are intended to create a legal right-of-way (“ROW”) for the benefit of the residents of existing dwellings located at No. 25A Downing Lane (“Brydges property”) and No. 37 Lois Lane (“Badham property”), which will provide access to and from a public road (Calabogie Road/County Road 508). At present, the legal ROW for the Badham and Brydges properties to access Calabogie Road/County Road 508 is via Lois Lane and Kubiseski Road. The ROW proposed would provide a shorter travel distance via Downing Lane which, at present, is an existing private road on properties wholly owned by Mr. Guetta.
2The following is an aerial photograph referenced during the hearing, which provides a useful depiction of the existing and proposed ROW and the surrounding area.
3The County’s planning staff provided detailed reports (“Staff Reports”) to the Land Division Committee (“Committee”) recommending the Applications be approved, subject to a number of conditions. The Committee conditionally approved the Applications and subsequently, Dwight Badham, who resides at No. 37 Lois Lane appealed B103/21. Marilyn Sowa, who resides at No. 27 Downing Lane (next to the Badham property), appealed B101/21 and B103/21. It should be noted that B102/21 was not appealed and was therefore not before the Tribunal.
4The Tribunal received a written request for Participant Status from Barbara Sowa, which was granted with the consent of the Parties. Barbara Sowa maintains an interest in the property at No. 27 Downing Lane, which is a family-owned property currently occupied year-round by the Appellant, Marilyn Sowa. The Participant request included a written statement objecting to the proposed ROW for the reason that it will result in negative impacts upon the family’s ability to use and enjoy their property.
ISSUES AND EVIDENCE
5When determining whether provisional consent should be granted, the Tribunal must be satisfied that the application is consistent with the Provincial Policy Statement (“PPS”), as required by s. 3(5) of the [Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html