Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 10, 2023
CASE NO(S).: OLT-22-004487
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant Bronte River Limited Partnership
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development with detached dwelling, townhouse dwellings, and a relocated heritage building
Reference Number: Z.1531.03
Property Address: 1300, 1316, 1326, 1342 & 1350 Bronte Road
Municipality/UT: Oakville/Halton
OLT Case No: OLT-22-004487
OLT Lead Case No: OLT-22-004487
OLT Case Name: Bronte River Limited Partnership v. Oakville (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant Bronte River Limited Partnership
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential development with detached dwelling, townhouse dwellings, and a relocated heritage building
Reference Number: 24T-21009/1531
Property Address: 1300, 1316, 1326, 1342 & 1350 Bronte Road
Municipality/UT: Oakville/Halton
OLT Case No: OLT-22-004488
OLT Lead Case No: OLT-22-004487
Heard: February 6, 2023 by video hearing
APPEARANCES:
Parties
Counsel/Representative*
Bronte River Limited Partnership
M. Barrett P. Harrington (In Absentia)
Town Of Oakville
J. Huctwith
Region of Halton
B. Maione
Conservation Halton
K. Stavrakos
Eaglewood Communities Inc.
R. Cheeseman
Dennis Khanna
M. Barton*
MEMORANDUM OF ORAL DECISION DELIVERED STEVEN COOKE ON FEBRUARY 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for the Bronte River Limited Partnership (“Bronte River”) appeals pursuant to s. 34 (11) and s. 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (“Act”), for the failure of the Town of Oakville (“Town”) to make a decision within the legislative timeframe for the Zoning By-law and draft Plan of Subdivision applications for the properties municipally known as 1300, 1316, 1326, 1342, and 1350 Bronte Road (“Subject Lands”).
2The Affidavit of Service, signed by Natalie Hickey, attesting to proper notice having been given, was filed as Exhibit 1, together with the Addendum dated January 9, 2023.
REQUEST OF PARTIES STATUS
3The Municipal Region of Oakville (“Region”) and Conservation Halton are both commenting agencies that have been involved on the process of the applications to the Subject Lands. Conservation Halton primary concerns are related to issues of natural hazards. The Region interest to the Subject Lands is water servicing, waste management and impacts to the Region’s natural heritage system.
4Eaglewood Communities Inc. (“Eaglewood”) are the owners of the lands abutting the Subject Lands. Eaglewood intents to develop these lands and has separate appeals filed with the Tribunal.
5Dennis Khanna is the owner of the land at 1372 Bronte Road that is located just to the north of the Subject Lands. Mr. Khanna is proposing to develop his own property and is in preliminary consultation with the Town.
6Hearing no concerns of the Town or Bronte River the Tribunal granted Party Status in this matter to the Region, Conservation Halton, Eaglewood, and Dennis Khanna.
REQUEST FOR PARTICIPANT STATUS
7The Tribunal, Bronte River, and the Town had received a late email from the Trafalgar Historical Society enquiring about the possibility of being granted participant status. There were no individuals present at the CMC to represent the Trafalgar Historical Society. Ms. Barrett, Counsel for Bronte River, suggested that the request be dealt with at the next CMC. The Tribunal agrees with this approach and will ensure that the Tribunal Case Coordinator provides, the Trafalgar Historical Society, the request for participant status form to be completed and distributed to the Tribunal and all parties.
THE NEXT CMC
8Ms. Barrett informed the Tribunal that Bronte River has been having productive discussions with the Town and other parties. To address and potentially resolve several of the concerns of the Town, Region, and Conservation Halton, Ms. Barrett indicated that Bronte River would be submitting to the Town a revised draft Plan of Subdivision in April 2023.
9Bronte River requested that a future CMC date be set in the later half of June 2023. The purpose of the next CMC will be to present the Tribunal with a draft Procedural Order and Issues List, determine if there are any requests for participants, and set dates for the hearing of the merits.
10The Tribunal directs that all parties are to provide Ms. Barrett with their Issues List no later than Monday, June 12, 2023.
11A one-day CMC has been scheduled for Tuesday, June 20, 2023 at 10 am.
12Parties and participants 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://meet.goto.com/348282861
Access code: 348-282-861
13Parties 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
14Persons 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 348-282-861.
15Individuals 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.
REQUEST TO HEAR THE MATTERS TOGETHER
16Eaglewood made the request of the Tribunal that their matters be heard together. Eaglewood has appeals (lead file OLT-22-004833) for amendments to the Official Plan and Zoning By-law before the Tribunal that has not been scheduled for a first CMC to date. In addition, these appeals, Eaglewood has indicated that there could potentially be an appeal to the draft Plan of Subdivision that has been submitted to the Town. The parties agree that many of the issues and evidence to these appeals would overlap.
17The Tribunal concurs with the parties that hearing these matters together would be an efficient use of the Tribunals calendar, however Eaglewood is still required to give notice of first CMC to their appeals. The Tribunal directs that Eaglewood give notice of first CMC to be held on Tuesday, June 20, 2023 at 10 a.m. in conjunction with the second Bronte River CMC.
ORDER
18THE TRIBUNAL ORDERS that the Municipal Region of Halton, Conservation Halton, Eaglewood Communities Inc, and Dennis Khanna are granted Party Status to these proceedings.
19That a second CMC be scheduled using the above noted particulars to this decision on Tuesday, June 20, 2023 at 10 a.m.;
20That no further notice of the Bronte River appeals is required:
21That Eaglewood is directed to provide Notice of CMC for the Eaglewood appeals to be held on Tuesday, June 20, 2023 at 10 a.m. using the same above noted particulars to this decision.
22That the parties are directed to provided Ms. Barrett with their Issues List to be included in the draft Procedural Order no later than Monday, June 12, 2023.
23The Member is not seized but Tribunal calendar permitting will continue management of this file.
“Steven Cooke”
STEVEN COOKE
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.