Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 2, 2022
CASE NO(S).: OLT-22-003988
PROCEEDING COMMENCED UNDER subsection 34(10.5) of the Planning Act, R.S.O. 1990 c. P. 13, as amended
Applicant/Appellant: Rodney and Nancy DeJong
Subject: Zoning By-Law Amendment Application – Notice of Incomplete Application
Property Address: (Lot 7 & 8, Plan 3, Belmont Lake)
Municipality/UT: Havelock-Belmont-Methuen/Peterborough
OLT Case No: OLT-22-003988
OLT Lead Case No: OLT-22-003988
OLT Case Name: DeJong v. Havelock-Belmont-Methuen (Township)
Heard: September 1, 2022 by video hearing
APPEARANCES:
Parties
Rodney and Nancy DeJong
Counsel
M. Kathleen Kinch Jenna Khoury-Hanna
Township of Havelock-Belmont-Methuen
John Ewart
MEMORANDUM OF ORAL DECISION DELIVERED BY T. PREVEDEL ON SEPTEMBER 1, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Mr. and Mrs. DeJong (“Appellants”) purchased Sammy Island (“Property”) in 2021.
2The Property has a legal description of Lot 7 and 8, Plan 3, Belmont Lake in the Township of Havelock-Belmont-Methuen (“Township”). The Property is a vacant lot of record, approximately 2.1 acres in area, presently undeveloped and only accessible by water. It is currently zoned as Open Space.
3The Appellants purchased the Property with the intent of building a seasonal cottage, a septic system and a storage shed.
4The Appellants submitted an application for a Zoning By-law Amendment to the Township. On May 25, 2022, they received a “negative notice” within the meaning of the Planning Act (“Act”) stating that the following were required before the application could be deemed complete: an Official Plan Amendment (“OPA”), an Environmental Impact Study (“EIS”) and a servicing report. On June 24, 2022, the Appellants filed a Motion to the Tribunal, pursuant to s. 34(10.5) of the Act, alleging that the Township’s requirements for an OPA, EIS and servicing report were not reasonable and seeking to have their application deemed complete.
THE HEARING
5This Hearing was originally intended to deal with the above Motion.
6Prior to the hearing of the Motion, the Appellants, with the assistance of counsel, were able to enter into a discussion with the Township, and the Parties to the Motion were able to agree on a settlement.
7Based on the written evidence filed and the consent of the Township to the following terms, communicated through counsel, the Tribunal provides the Order below as jointly requested by the Parties.
ORDER
8The Tribunal Orders that the application does not require an Official Plan Amendment in order to be deemed complete.
9The Tribunal Orders that the application does not require an Environmental Impact Study in order to be deemed complete.
10The Tribunal Orders that the application does not require a servicing report in order to be deemed complete. The Appellants are directed to provide confirmation from the Health Unit that a permit for a septic system or acceptable sewage system would be issued upon the approval of the proposed Zoning By-law Amendment and prior to development.
11The Tribunal Orders that the application is now a complete application.
12The Tribunal directs the Township, within 15 days, to complete the steps required of it under subsections 34(10.7) (a) and (b), namely to:
(a) give the prescribed persons and public bodies, in the prescribed manner, notice of the application for an amendment to a by-law, accompanied by the prescribed information; and
(b) make the information and material provided under subsections (10.1) and (10.2) available to the public.
13The Tribunal may be spoken to should there be any issues with implementing the above Order.
“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.