Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 07, 2022
CASE NO(S).: OLT-22-003597
PROCEEDING COMMENCED UNDER section 22 (7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Brian, Joan Robert Kerr
Subject: Request to amend the Official Plan – Refusal of request
Description: To sever Subject Lands to create one additional residential lot
Reference Number: OPA-01-21
Property Address: 61 Princess Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No: OLT-22-003597
OLT Lead Case No: OLT-22-003597
OLT Case Name: Kerr v. Niagara-On-The-Lake (Town)
PROCEEDING COMMENCED UNDER section 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
Reference Number: ZBA-04-2021
Property Address: 61 Princess Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No: OLT-22-003598
OLT Lead Case No: OLT-22-003597
PROCEEDING COMMENCED UNDER section 53(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject: Consent - refused by Approval Authority
Reference Number: B-04-22
Property Address: 61 Princess Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No: OLT-22-003599
OLT Lead Case No: OLT-22-003597
Heard: September 9, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Brian Kerr, Joan Kerr and Robert Kerr (“Appellants/Applicants”)
Tom Hanrahan
Town of Niagara-on-the-Lake (“Town”)
Robert Di Lallo
Niagara Peninsula Conservation Authority (“NPCA”)
Matthew Rutledge
MEMORANDUM OF ORAL DECISION DELIVERED BY K.R. ANDREWS ON SEPTEMBER 9, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting appeals by the Applicants involving a plan to sever the north portion of 61 Princess Street to create one additional residential lot. The proposal requires three applications: (1) an Official Plan Amendment (“OPA”); (2) a Zoning By-law Amendment (“ZBA”); and (3) a Consent Application.
2The town refused the OPA and ZBA applications, and consequently failed to render decision on the Consent Application. All three applications are now being appealed to the Tribunal.
Service of Notice of CMC
3There was no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
4On consent of the parties, the Tribunal granted the NPCA Party status. The NPCA explained that, currently, the Applicants’ plan has adequately addressed their concerns involving potential slope issues at the northern portion of the subject property, so they may not be actively involved in the proceedings as long as the plan does not change. However, in the event that the plan does change, for example by way of a settlement, they wish to maintain party status in order to assess and possibly make submissions/provide evidence regarding any such changes to the plan. The Tribunal finds this to be prudent but directs the NPCA to keep the Tribunal informed of the anticipated scope of its participation in the proceedings (if any).
5The Queenston Residents Association (“QRA”) sought and were granted participant status. The Association’s representative, Doug Stewart, confirmed that the group is incorporated and opposes all three applications for reasons set out in its participant statement. The Tribunal allows the QRA to serve and file a revised participant statement, if any, by September 16, 2022.
MEDIATION AND SETTLEMENT
6All of the parties confirmed that they are open to settlement discussions; however, the Applicant confirmed that prospects for settlement are not promising.
PROCEDURAL ORDER AND ISSUES LIST
7The Tribunal received and reviewed a draft Procedural Order from the parties. The Tribunal finds it acceptable and the proceedings shall be governed by it (see Schedule 1).
HEARING
8Upon request of the parties, the Tribunal set a three (3)-day hearing commencing on Wednesday, February 1, 2023 at 10 a.m. by VH. No further Notice is required for the hearing.
9Parties and participants are asked to log into the VH at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
10Parties 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: https://app.gotomeeting.com/home.html.
11Persons 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 1-888-455-1389 or +1 (647) 497-9391. The Access Code is 765-631-861.
12Individuals 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 VH 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
13The Tribunal Orders that:
The date and particulars of the hearing are set out above;
The Procedural Order appended as Schedule 1 shall govern the proceedings;
The Niagara Peninsula Conservation Authority is granted Party status;
The Queenston Residents Association is granted participant status; and
The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
MEMBER
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.