Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 27, 2022
CASE NO(S).: OLT-22-003833
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To allow the property to be used for a permanent asphalt plant and a ready-mix concrete plant
Reference Number: PLZACO 2020 052
Property Address: 8205 County Road 2
Municipality/UT: Greater Napanee/Lennox and Addington
OLT Case No: OLT-22-003833
OLT Lead Case No: OLT-22-003833
OLT Case Name: R.W. Tomlinson Limited v. Greater Napanee (Town)
Heard: September 20, 2022 by video hearing
APPEARANCES:
Parties
Counsel
R.W. Tomlinson Ltd.
M. Polowin J. Polowin
Town of Greater Napanee
J. Ewart K. O’Dwyer (In Absentia)
Keep Napanee Great
R. Lindgren J. Wilson
MEMORANDUM OF ORAL DECISION DELIVERED BY STEVEN COOKE ON SEPTEMBER 20, 2022 AND ORDER OF THE TRIBUNAL
1The matter before the Tribunal was a Case Management Conference (“CMC”) for the appeals by R. W. Tomlinson Ltd. (“Applicant”) under s. 34(11) of the Planning Act for the Town of Greater Napanee’s (“Town”) refusal of an application to amend a Zoning By-Law (“ZBLA”) for the property municipally known as 8205 County Road 2 (“Subject Site”).
2The purpose of the ZBLA is to allow the Applicant to use a portion of the Subject Site as a permanent asphalt plant and a ready-mix concrete plant that would operate approximately 160 days a year and on some occasion the operation would be for a 24-hour period of time.
3The Affidavit of Service that proper Notice of the CMC had occurred on Thursday August 18, 2022, was marked as Exhibit “1”.
4Keep Napanee Great (“KNG”) appeared to request Party Status. Hearing no objections from the Statutory Parties, and having confirmed the incorporation of KNG, the Tribunal grants Party Status to KNG.
5The Town and KNG informed the Tribunal that they would be working together to coordinate to avoid unnecessary overlap and limit duplication of expert witnesses.
6The Tribunal has instructed the Parties to submit a joint draft Procedural Order and Issues List for the Tribunals consideration on or before Friday, October 7, 2022. Should there be an issue the member may be spoken to.
7A 10-day hearing of the merits has been scheduled to begin on Monday, August 14, 2023 at 10 a.m. by video hearing.
8Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
9Parties and Participants 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 at: https://app.gotomeeting.com/home.html
10Persons 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: 1 (647) 497-9373 or (Toll-Free) 1(888) 299-1889. Access code: 687-587-165.
11Individuals 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 hearing by video 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.
12No further notice is required.
13The member is not seized.
14So 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.