Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 23, 2023
CASE NO(S).: OLT-23-000551
PROCEEDING COMMENCED UNDER subsection 28(5) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: William Brian Callery
Subject: Proposed Amendment to Community Improvement Plan
Description: The Community Improvement Plan proposes a series of programs and financial incentives to promote continued investment and revitalization in the Downtown.
Reference Number: BL 31-23
Property Address: 204 Casimir Street
Municipality/UT: Scugog/Durham
OLT Case No.: OLT-23-000551
OLT Lead Case No.: OLT-23-000551
OLT Case Name: Callery v. Scugog (Township)
Heard: October 10, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
William Brain Callery
Self-Represented
Township of Scugog
Alexandra Whyte*
Mark Joblin* (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY Kurtis smith on october 10, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) regarding this appeal.
2On April 24, 2023, the Council of the Township of Scugog (“Township”) passed By-law No. 31-23 (“By-law”) to adopt the Community Improvement Plan (“CIP”) for the Downtown Port Perry Area. William Brian Callery (“Appellant”), owner of the property municipally known 204 Casimir Street, appealed the CIP as his property was not included in the CIP area and as such states that the By-law is not consistent with the Township Official Plan and Comprehensive Zoning By-law.
POSSIBLE SETTLEMENT/SECOND CASE management CoNFERENCE
3Alexandra Whyte, Counsel for the Township explained that positive discussions between the Township and Appellant are ongoing, and a settlement is expected to be reached in the coming weeks.
4The Tribunal scheduled a second CMC by video to commence on Monday, December 11, 2023, at 10 a.m. In the event the Parties reach a settlement, the Parties will submit the settlement materials and request to convert the second CMC to an oral or written settlement hearing on or before Monday, November 27, 2023.
5The Parties and Participant 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/442-599-157
Access code: 442-599-157
6Parties and Participant, witnesses and observers 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
7Persons 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) 497-9391 or (Toll-Free) 1-888-455-1389. The access code is as indicated above.
8Individuals 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.
PROCEDURAL MATTERS
9The Tribunal received and marked the Affidavit of Service of the Notice of CMC sworn by Ralph Walton as Exhibit 1.
10No requests for Party or Participant Status were received.
order
11The Tribunal Orders its decisions and directives as contained in this Decision.
12No further Notice will be given.
13The Panel Member is not seized.
“Kurtis Smith”
KURTIS SMITH
MEMBER
Ontario Land Tribunal
Website: www.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.