Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 16, 2022
CASE NO(S).: OLT-21-001680
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: JN Ventures Limited, 406 Farm Inc, and Brad Zantingh
Appellant: Southside Construction Management Limited
Subject: Proposed Official Plan Amendment
Description: To complete the five-year review of the Official Plan
Reference Number: OPA 54
Property Address: Town Wide
Municipality/UT: Plympton-Wyoming/Lambton
OLT Case No.: OLT-21-001680
OLT Lead Case No.: OLT-21-001680
OLT Case Name: JN Ventures Limited, 406 Farm Inc. and Brad Zantingh v. Lambton (County)
Heard: August 2, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| JN Ventures Limited, 406 Farm Inc. and Brad Zantingh | Scott Snider |
| Southside Construction Management Limited | Stephen D’Agostino |
| County of Lambton | Stephen D’Agostino |
DECISION DELIVERED BY M. ARPINO AND ORDER OF THE TRIBUNAL
1These directions flow from the first Case Management Conference (“CMC”) in this matter.
2The Affidavit of Service of Annette Major was marked Exhibit 1.
3The Draft Procedural Order was marked Exhibit 2.
4The Tribunal did not receive any requests for status in this matter.
5The Town of Plympton-Wyoming adopted Official Plan Amendment No. 54 (“OPA 54”) on September 13, 2021. As the approval authority, the County of Lambton (“County”) approved OPA 54 on October 28, 2021.
6JN Ventures Limited, 406 Farm Inc. and Brad Zantingh (“Venture Group”) appealed OPA 54.
7The Venture Group owns land in the County which is subject to ongoing development applications and outstanding appeals to the Tribunal (Case No. OLT-22-003043 (Legacy Case No. PL200138)).
8Southside Construction Management Limited (“Southside”) owns land in the County and also appealed OPA 54 (“Southside Appeal”).
9Southside seeks to have its appeal separated from the Venture Group appeal. This request was made on consent of the Venture Group and the County.
10Southside requests that its appeal be adjourned sine die to allow it to be considered with site specific applications, which it anticipates making in the fall.
11The Tribunal determined that it is appropriate to separate the Southside Appeal from the Venture Group Appeal and to adjourn the Southside Appeal sine die.
12The Tribunal was informed that the Venture Group and the County have had productive discussions regarding the Venture Group appeal; they are optimistic that they will resolve the outstanding issues.
13The Venture Group and the County requested that the Tribunal convene a second CMC to allow them to continue the discussions to settle the Appeal.
14They also requested that the Venture Group Appeal be heard together, with the appeal to the Tribunal submitted by JN Ventures Limited regarding the Town of Plympton-Wyoming Official Plan Amendment No. 51 being OLT Case No. OLT-22-003043 (Legacy File No. PL200138).
15The Tribunal scheduled a second CMC for Friday, October 28, 2022 at 10 a.m. During that session, the Tribunal will address the outstanding matters in OLT 21-00-1680 and OLT-22-003043.
16Parties 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:
https://global.gotomeeting.com/join/979388733
Access Code: 979-388-733
17Parties 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: https://app.gotomeeting.com/home.html.
18Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
19Individuals 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 video hearing 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.
ORDER
20The Tribunal Orders the rulings and directions contained in this Decision.
21The Member is not seized other than to assist in matters arising from this Order.
“M. Arpino”
m. arpino
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.