Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 19, 2022
CASE NO(S).: OLT-22-003909
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Picton Heights Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Reference Number: Z59-20
Property Address: 4-74 Nery Avenue and 27-83 Inkerman Avenue
Municipality/UT: Prince Edward/Prince Edward
OLT Case No.: OLT-22-003909
OLT Lead Case No.: OLT-22-003909
OLT Case Name: Picton Heights Ltd. v. Prince Edward (County)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Picton Heights Ltd.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Property Address: 4-74 Nery Avenue and 27-83 Inkerman Avenue
Municipality/UT: Prince Edward/Prince Edward
OLT Case No.: OLT-22-003910
OLT Lead Case No.: OLT-22-003909
Heard: October 3, 2022 by Video Hearing
APPEARANCES:
Parties
Counsel
Picton Heights Ltd.
E. Costello, M. Helfand
Prince Edward County
J. Savini, N. Chooback
DECISION DELIVERED BY G. BURTON AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) held in the Appeals by Picton Heights Ltd., owner of lands at 4-74 Nery Avenue and 27-81 Inkerman Avenue, in the municipality of Prince Edward, Ontario. Applications had been made for amendments to the Zoning By-law as well as for approval of a Plan of Subdivision for a proposed 560 lots. Both matters have been appealed for failure of the County to make a decision, as permitted under s. 34(11) and s. 5(34) of the Planning Act.
Party Status Request
2There was a request for Party status by PEC Community Partners Inc., represented by Ira Kagan and Kristie Stitt. This is a development group with interests in about 750 acres, some partly adjacent to the subject lands and the rest in the vicinity. Mr. Helfand, on behalf of the Appellant, Picton Heights Ltd., expressed no opposition, so PEC Community Partners Inc. was given Party status by the Tribunal.
3The Parties expressed an interest in mediation. They were advised to request an assessment to be set up by the Tribunal’s Case Coordinator.
4There may be a need for a second CMC which will be requested if necessary.
5A Procedural Order and Issues List will be filed with the Tribunal within about 10 days from today.
6Hearing dates by Video Hearing have been established for Tuesday, May 23, 2023 (not sitting on May 29 or 30), to Friday, June 9, 2023, at 10 a.m. for 12 days.
7The Parties 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/692665589
Access code: 692-665-589
8Parties 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
9Persons 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.
10Individuals 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.
11The Member is not seized.
“G. Burton”
G. BURTON
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.