Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 23, 2023
CASE NO(S).: OLT-23-000660
PROCEEDING COMMENCED UNDER subsection 27(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a 37-unit residential farm co-operative
Reference Number: P3266
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000660
OLT Lead Case No.: OLT-23-000660
OLT Case Name: Thornbury Acres Holding Inc. v. The Blue Mountains (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a 37-unit residential farm co-operative
Reference Number: P3266
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000661
OLT Lead Case No.: OLT-23-000660
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Thornbury Acres Holding Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a 37-unit residential farm co-operative
Reference Number: 42CDM-2022-11
Property Address: Concession 8, Part Lot 27, 16R-11537, Parts 2 and 3; Concession 8, East Part Lot 27
Municipality/UT: Town of The Blue Mountains / County of Grey
OLT Case No.: OLT-23-000662
OLT Lead Case No.: OLT-23-000660
Heard: October 4, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Thornbury Acres Holding Inc. and Kathleen Ann Houghton
P. DeMelo
Town of The Blue Mountains
B. Engell D. Baker ((in absentia)
County of Grey
E. Treslan
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON OCTOBER 4, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of appeals by Thornbury Acres Holding Inc. and Kathleen Ann Houghton (“Applicants” / “Appellants”) from the failure of the Town of The Blue Mountains (“Town”) to approve the requested Official Plan Amendment (“OPA”), pursuant to s. 22(7), Zoning By-law Amendment (“ZBA”), pursuant to s. 34(11), and approval of a plan of subdivision, pursuant to s. 51(34) of the Planning Act (“Act”), for the properties legally known as Part of Lot 27, Concession 8 (“subject property” / “Site”), in order to develop the lands for a 37-unit residential farm cooperative on 61.5 hectares (“ha”) of agricultural and rural lands.
2The Applicants are proposing a modern agro-eco-community. The proposed development is being marketed as Ontario's First Residential Co-operative. The application for the Plan of Condominium would apply to the entire subject lands to implement and manage the residential farm co-operative, set up the lots, internal streets and farm cooperative. Access to the site is proposed off of Grey Road 2 and Grey Road 40 and a third access to the agricultural portion is proposed off of Grey Road 40. The agricultural area will include a fruit orchard, a food forest, a market garden, a herb and medicine garden, a butternut meadow, a bee apiary and a community food market. The dwellings, recreational amenities and farming facilities will be accessed with a private vehicle road system (condominium). Approximately seven kilometers (“km”) of trails are proposed. Farming is primarily for the use of the residents however excess production may be sold to the wider community through a food market community.
PRELIMINARY MATTER
3The Tribunal was made aware that the original Notice of the CMC included a mapping that showed only one-third of the property. Out of an abundance of caution, the second Notice was given, for consideration of potential other requests for Party or Participant status, on September 22, 2023.
4The Affidavit of Service was marked as Exhibit 1.
STATUS REQUESTS
5Prior to the CMC, the Tribunal received one Party status and two Participant status requests.
6Blake Russell, the CEO of Pure Blue Cannabis Inc., located immediately south of the subject property, requested Party status to be able to provide clarification to any questions related to their facility. Mr. Russell was not present at the CMC. Given that Mr. Russell was absent, the Party status request is denied. Instead, the Tribunal will grant Mr. Russell a Participant status. Mr. Russell could request to change his status to a Party status if he is present at the second CMC.
7Eleanor Ward and Randall McLeod requested a Participant status from the Tribunal. No objections from the Counsel were made, and the Tribunal granted Participant status to Ms. Ward and to Mr. McLeod.
MEDIATION
8The Tribunal canvassed the Parties as to whether they have engaged in discussions to resolve any of the issues in the appeal, and whether they are interested in mediation. Counsel indicated that they are encouraged by the ongoing dialogue and might be open to the Tribunal-led mediation. Should the Parties reach a point where mediation will be of assistance, they may request a mediation assessment through the assigned Case Coordinator.
PROCEDURAL ORDER AND ISSUES LIST
9The Parties requested two to three weeks to refine the Issues List (“IL”) and to finalize a Draft Procedural Order (“DPO”). Counsel has agreed that it would be prudent to have another CMC after the discussions on the DPO and IL. The purpose of the second CMC will be to fix hearing dates. Should the Parties not require a second CMC, they are to contact the assigned Case Coordinator for a cancellation.
NEXT CASE MANAGEMENT CONFERENCE
10A second CMC is scheduled to commence by video on Monday, November 6, 2023 at 10 a.m.
11The 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/680-885-805
Access code: 680-885-805
12Parties 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
13Persons 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. The access code is as indicated above.
14Individuals 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
15The Tribunal Orders that Blake Russell, Eleanor Ward and Randall McLeod are granted Participant status.
16The Tribunal further orders that a second CMC is scheduled to commence on Monday, November 6, 2023 at 10a.m. The Parties shall provide, a Draft Procedural Order and Issues List to the Tribunal on or before Thursday, October 25, 2023.
17This Member is not seized.
18There will be no further notice.
“P. Tomilin”
P. Tomilin
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.