Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 03, 2022
CASE NO(S).: OLT-22-002286 (Formerly PL170100)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1390226 Ontario Inc.
Appellant: 1610341 Ontario Inc.
Appellant: 1705823 Ontario Ltd. (c/o York Developments)
Appellant: 1739626 Ontario Ltd. (c/o York Developments); and others
Subject: The London Plan
Municipality: City of London
OLT Case No.: OLT-22-002286
Legacy Case No.: PL170100
OLT Lead Case No.: OLT-22-002286
Legacy Lead Case No.: PL170100
OLT Case Name: Lansink v. London (City)
Heard: September 26, 2022 by video hearing
APPEARANCES:
Parties
Counsel
City of London
Aynsley Anderson
Auburn, KAP, 1610341 Ontario Inc., Grosvenor Development Corp., and Richmond North MCC675
Analee J. M. Baroudi
Auburn, York and Westdell
Jonathan Cheng
London Dairy
Paula Lombardi
John Ross
Vikas Sharma (in absentia)
Sari Belzycki
Lee English (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED T. PREVEDEL ON SEPTEMBER 26, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The matters before the Tribunal are various remaining site-specific appeals to the City of London’s (“City”) new Official Plan, known as the “London Plan”.
2At the last Case Management Conference (“CMC”), the Tribunal accepted the City’s Motion, on consent of all Parties, to seek the Tribunal’s approval of modifications to the London Plan on the settlement of all remaining City-wide appeals and the settlement of three site-specific appeals.
3With the Tribunal’s acceptance of the Motion, hearings scheduled to begin on June 6, 2022, and September 26, 2022, were cancelled and today’s CMC was scheduled.
4Mr. English, representing Sari Belzycki who is a Party to Appeal # 37, had technical difficulties logging on to the CMC platform and deferred to Ms. Anderson to speak on his behalf.
CITY OF LONDON MOTION
5The City, on consent of the Appellants represented by Ms. Baroudi, submitted a Motion to the Tribunal in advance of the CMC requesting an Order to allow and approve modifications to Maps 1 and 5 as shown in the attached Schedule 1.
6Ms. Anderson submitted that, as a result of ongoing discussions between the City and the Appellants, a number of site-specific appeals have been resolved, subject to approval by the Tribunal, either by way of withdrawal, or by way of agreed-to mapping modifications as noted above.
7In support of this Motion, Ms. Anderson provided the Tribunal with the sworn Affidavit of Travis Macbeth, Senior Planner in the Planning and Economic Development Department of the City. Mr. Macbeth is a Member of the Canadian Institute of Planners with 13 years of professional experience as a land use planner.
8Mr. Macbeth was in attendance at the Hearing of the Motion but was not called to give oral testimony.
9In his written Affidavit, Mr. Macbeth explained that the proposed mapping modifications would resolve the site-specific appeal with respect to 1924 Adelaide Street North, which currently contains both Neighbourhoods and Green Space Place Types. The site features a Provincially Significant Wetland (“PSW”) and is surrounded with an overlapping “Potential Environmentally Significant Area” feature on the mapping.
10He further explained that any future development in proximity to a PSW feature would trigger the completion of an Environmental Impact Study (“EIS”) as per policies 1432 and Table 13 of the London Plan, where development or site alteration is proposed either entirely or partially within 120 metres (“m”). As a result, mapping indicating “potential ESA” will not add any layer of environmental protection, because a PSW will trigger the complete EIS process, regardless of the designation on the adjacent lands.
11In his written Affidavit, Mr. Macbeth opined that the proposed modifications contained in Schedule 1 are appropriate and in the public interest, and that the proposed modifications align with the intent of the London Plan.
12He further opined that the proposed modifications are consistent with the Provincial Policy Statement, 2020, including that natural features and areas shall be protected for the long term (s. 2.1.1), and that long-term economic prosperity should be supported by optimizing the long-term availability and use of land, resources, infrastructure and public service facilities (s. 1.7.1).
13Mr. Macbeth also stated that the proposed modifications are consistent with the Planning Act and have regard for section 2, matters of Provincial interest, including: the protection of ecological systems, including natural areas, features and functions (s. 2.a); the resolution of planning conflicts involving public and private interests (s. 2.n); and, the appropriate location of growth and development (s. 2.p).
14In his written Affidavit, Mr. Macbeth concluded by stating that the proposed modifications are also in conformity with the London Plan, including Environmental Policies, and that the natural heritage features and functions are appropriately protected through the Environmental Impact Studies policies of the London Plan. He opined that the proposed modifications represent good land use planning.
15As a result of this Motion, the Appellants will be withdrawing Appeal No. 4 (108 Exeter Road), Appeal No. 8 (186 and 188 Huron Street), Appeal No. 12 (240 Waterloo Street) and Appeal No. 18 (Grosvenor/St. George/St. James).
ANALYSIS AND DISPOSITION
16Based on a review of the comprehensive written Affidavit provided by Mr. Macbeth, and on consent of the respective Parties, the Tribunal finds that the proposed modifications are consistent with the Provincial Policy Statement, have regard for section 2 of the Planning Act, are in conformity with the London Plan, represent good planning and are in the public interest.
REMAINING SITE-SPECIFIC APPEALS
Appeal No. 20, John Ross, 1957 Sunningdale, (Counsel Vikas Sharma)
17Ms. Anderson requested that a three (3)-day Hearing be scheduled for July 2023 to deal with this appeal. There has been no response to date from Mr. Sharma on behalf of his client.
18The Tribunal directs that a Procedural Order and Issues List be filed with the Tribunal by no later than Wednesday, October 26, 2022. If there is no response from Mr. Sharma, the Tribunal will accept the Procedural Order and Issues List submitted by the City.
Appeal No. 22, London Dairy, Victoria/Wilson Grove, (Counsel Paula Lombardi)
19The Parties requested that a three (3)-day Hearing be scheduled for July 2023 to deal with this appeal. The Tribunal directs that a Procedural Order and Issues List be filed with the Tribunal by no later than Wednesday, October 26, 2022.
Appeal No. 4, Auburn, 108 Exeter Road, (Counsel Analee Baroudi)
20Withdrawn on consent.
Appeal No. 8, KAP, 186 & 186 Huron, (Counsel A. Baroudi)
21Withdrawn on consent.
Appeal No. 12, 1610341 Ontario Inc., 240 Waterloo, (Counsel A. Baroudi)
22Withdrawn on consent.
Appeal No. 18, Grosvenor Development Corp., Grosvenor/ St. George/ St. James, (Counsel A. Baroudi)
23Withdrawn on consent.
Appeal No. 29, Richmond North MCC675, Richmond/Windermere, (Counsel A. Baroudi)
24The Tribunal was advised that a development application is currently in process and that a further CMC should be scheduled for January 2023 to review status.
Appeal No. 1, Auburn, 560-562 Wellington, (Counsel J. Cheng)
25It was agreed on consent of the Parties to put this appeal on hold, as it is currently subject to an ongoing Tribunal proceeding (OLT-21-001824).
Appeal No. 15, York, 193-199 College Ave, (Counsel J. Cheng)
26There is currently a development application for this proposed development. However, it has been inactive for some time now.
27It was agreed that a further CMC should be scheduled for January 2023 to review status. Ms. Anderson submitted that the City needs to see some action on this file on the part of the Appellant.
Appeal No. 19: York, 1192 Highbury Ave N, (Counsel J. Cheng)
28Withdrawn on consent.
Appeal No. 36: York, 175-199 Ann St., (Counsel J. Cheng)
29It was agreed on consent of the Parties to put this appeal on hold, as it is currently subject to an ongoing Tribunal proceeding (OLT-22-004279).
Appeal No. 37: York, 550 Ridout St N., (Counsel J. Cheng)
30It was agreed that a further CMC should be scheduled for January 2023 to review status. Ms. Anderson submitted that she had received an email from Mr. English, representing Sari Belzycki as a Party to this appeal, consenting to the scheduling of a CMC as noted above.
31Annamaria Valastro is a Participant to this appeal. She attended the CMC and expressed some concern as to when her issues could be brought forward. She was advised that the upcoming CMC should provide an Issues List, at which point she would be able to submit her Participant Statement.
Appeal No. 41: York, 3080 Bostwick, (Counsel J. Cheng)
32The Tribunal was advised that a development application is forthcoming. It was agreed that a further CMC should be scheduled for January 2023 to review status.
Appeal No. 27: Westdell, 1299 Oxford St. E., (Counsel J. Cheng)
33Withdrawn on consent.
SCHEDULING OF FUTURE HEARINGS
Case Management Conference
34A CMC has been scheduled for Wednesday, January 25, 2023, at 10 a.m. by video hearing.
35Parties 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/442599157
Access Code: 442-599-157
Merit Hearing for Appeal No. 22
36A three (3)-day Hearing has been scheduled to start on Wednesday, July 5, 2023, at 10 a.m. by video hearing. The Parties are directed to submit the finalized Procedural Order and Issues List to the Case Co-Ordinator by no later than October 26, 2022.
37Parties 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/687587165
Access Code: 687-587-165
Merit Hearing for Appeal No. 20
38A three (3)-day Hearing has been scheduled to start on Wednesday, July 26, 2023, at 10 a.m. by video hearing. The Parties are directed to submit the finalized Procedural Order and Issues List to the Case Co-Ordinator by no later than October 26, 2022.
39Parties 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/709076365
Access Code: 709-076-365
40Parties are asked to access and set up the application well in advance of the events to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
41Persons 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) 497-9373. The access code is 709-076-365.
42Individuals 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.
ORDER
43The Tribunal Orders that the modifications to Maps 1 and 5 as shown in Schedule 1 attached to this Decision, are approved.
44The Tribunal Orders that Appeal Nos. 4, 8, 12, 18, 19 and 27 be withdrawn.
45The next CMC is scheduled to proceed by video conference on Wednesday, January 25, 2023, at 10 a.m. by video hearing.
46A three (3)-day Hearing for Appeal No. 22 has been scheduled to start on Wednesday, July 5, 2023, at 10 a.m. by video hearing.
47A three (3)-day Hearing for Appeal No. 20 has been scheduled to start on Wednesday, July 26, 2023, at 10 a.m. by video hearing.
48The Parties are directed to submit the finalized Procedural Order and Issues List for both of the above proceedings to the Case Co-Ordinator by no later than Wednesday, October 26, 2022.
49This Member is not seized but is available through the Case Coordinator for case management purposes.
50No further notice will be given.
“T. Prevedel”
t. prevedel
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.