Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 21, 2022
CASE NO(S).: OLT-21-001273
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stylux Caledon Inc.
Subject: Request to amend the Official Plan - Failure of Town of Caledon to adopt the requested amendment
Existing Designation: Low density residential
Proposed Designated: Medium density residential
Purpose: To permit residential development
Property Address/Description: 6098, 6110, 6112, 6114, 6122, 6124, 6126 and 6142 Old Church Road
Municipality: Town of Caledon
Approval Authority File No.: POPA 2020-0002
OLT Case No.: OLT-21-001273
OLT File No.: OLT-21-001273
OLT Case Name: Stylux Caledon Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stylux Caledon Inc.
Subject: Application to amend Zoning By-law No. 2006-50 Refusal or neglect of Town of Caledon to make a decision
Existing Zoning: Rural Residential (RR)
Proposed Zoning: Residential One – Exception XX (R1-XX) and Townhouse Residential -Exception XX (RT-XX
Purpose: To permit residential development
Property Address/Description: 6098, 6110, 6112, 6114, 6122, 6124, 6126 and 6142 Old Church Road
Municipality: Town of Caledon
Municipality File No.: RZ 2020-0006
OLT Case No.: OLT-21-001273
OLT File No.: OLT-21-001274
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Stylux Caledon Inc.
Subject: Proposed Plan of Subdivision - Failure of Town of Caledon to make a decision
Purpose: To permit residential development
Property Address/Description: 6098, 6110, 6112, 6114, 6122, 6124, 6126 and 6142 Old Church Road
Municipality: Town of Caledon
Municipality File No.: No. 21T-20003C
OLT Case No.: OLT-21-001273
OLT File No.: OLT-21-001275
Heard: September 16, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Stylux Caledon Inc.
M. Flowers
Town of Caledon
R. Kehar
Region of Peel
R. Godley
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON SEPTEMBER 16, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) for the appeals made by Stylux Caledon Inc. (“Stylux”) for the failure of the Town of Caledon (“Town”) to make a decision within the legislative time frame for s. 22(7) on an application to amend the Official Plan, s. 34(11) amendment to the Zoning By-law, and s. 51(34) Plan of Subdivision of the Planning Act.
2The Tribunal was informed by Mr. Flowers, Counsel for Stylux, that since the last CMC his client has acquired two adjacent lots to the properties currently under appeal. With the inclusion of the two new lots, Stylux is in the process of making resubmissions of their application in the immediate future.
3With the additional acquired lands now being included to the proposed development an Affidavit of Service of the Notice for the second CMC attesting that the Notice had been served on August 17, 2022 was marked as Exhibit 2.
4As a result of the second notice, Damian Saramak requested Participant Status to these proceedings. While Mr. Saramak did not attend the CMC there was no objections from the Parties given Mr. Saramak is a resident in the immediate area. Having reviewed the participant request form of Mr. Saramak and hearing no objections from the Parties, the Tribunal grants him participant status to these proceedings.
5The Parties reviewed with the Tribunal the Procedural Order (“PO”) that was jointly submitted to the Tribunals on May 31, 2022. The Parties raised a concern that, with the resubmission being brought for the Town to reconsider, a number of the proposed dates may need to be adjusted, keeping in mind that the Hearing of the Merits is scheduled to begin on Tuesday, February 21, 2023. The Tribunal directed the Parties to work jointly in submitting a new PO to the Tribunal that reflects any changes to dates and includes the addition of Mr. Saramak as a participant.
6So Orders the Tribunal.
“Steven Cooke”
STEVEN COOKE
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.