Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 09, 2023
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 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 27-83 Inkerman Avenue
Municipality/UT: Prince Edward/Prince Edward
OLT Case No.: OLT-22-003910
OLT Lead Case No. OLT-22-003909
Heard: November 6, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Picton Heights Ltd. | M. Helfand, E. Costello (in absentia) |
| Prince Edward County | J. Savini |
| PEC Community Partners Inc. (“PEC”) | S. Kagan, K. Stitt (in absentia), P. DeMelo (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON AND S. BOBKA ON NOVEMBER 6, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference (“Third CMC”) held concerning appeals filed by Picton Heights Ltd (“Applicant/Appellant”), owner of the lands at 4-74 Nery Avenue and 27-81 Inkerman Avenue in the Municipality of Prince Edward. Appeals were filed regarding a non-decision of the County of Prince Edward (“County”) pursuant to section 34(11) of the Planning Act (“Act”) to amend the Zoning By-law (“Zoning Appeal”) and 51(34) for approval of a draft plan of subdivision for 560 units (“Draft Plan Appeal”).
2At the second CMC on September 1, 2023, the Parties proffered a settlement proposal with respect to the Zoning Appeal and provided uncontested affidavit and sworn oral evidence that the proposal met all required provincial and local statutory tests and constituted good land use planning. The Tribunal, differently constituted, agreed and allowed the Zoning Appeal and amended Zoning By-law No. 1816-2006 of the County accordingly.
3The Draft Plan Appeal had been set down for a merit hearing to commence on November 6, 2023; however, in advance, the Parties requested an adjournment in order to continue working on the review of technical reports and comments and to convert the first day of the hearing into the Third CMC.
4At the Third CMC, the Parties advised that as part of the settlement of the Zoning Appeal, Minutes of Settlement had been executed that set out approval in principle of the draft plan of subdivision by Council for the County, subject to specific technical issues to be resolved. In order to continue this technical work, a fourth CMC was requested to provide a date to deliver a revised Procedural Order and Issues List reflecting the resolution of the Zoning Appeal and the ongoing technical work on the Draft Plan Appeal. The Parties also requested that new dates for a three-day hearing of the merits on the Draft Plan Appeal be set down.
FOURTH CASE MANAGEMENT CONFERENCE
5The hearing is scheduled to proceed by video on Thursday, February 1, 2024 at 10 a.m.
6Parties 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://global.gotomeeting.com/join/979388733
Access code: 979-388-733
7Parties 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
8Persons 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 979-388-733.
9Individuals 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.
6The Tribunal directed the Parties to provide an updated Procedural Order and Issues List seven days in advance by Thursday, January 25, 2024.
7The Tribunal highlighted that Paragraph 15 of the Procedural Order directs the Parties to provide notice of the number of days required for the merit hearing at least 35 days in advance.
MERIT HEARING
8A three-day merit hearing is scheduled as follows:
10The hearing is scheduled to proceed by video on Wednesday, April 3, 2024 to Friday, April 5, 2024 at 10 a.m.
11Parties 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://global.gotomeeting.com/join/979388733
Access code: 979-388-733
12Parties 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
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 979-388-733.
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
9The fourth CMC will commence on Thursday, February 1, 2024.
10The Parties shall provide a revised Procedural Order and Issues List by Thursday, January 25, 2023.
11The hearing will commence as set out above.
12No further notice will be given.
13The Members are not seized but may be spoken to for case management purposes.
“A. Mason”
A. MASON
MEMBER
“S. Bobka”
S. BOBKA
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 is deemed to be a reference to the Tribunal.