Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 17, 2023
CASE NO(S).: OLT-23-000667
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Airfield Developments Inc. and Airfield II Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of two one storey industrial buildings
Reference Number: POPA 2021-0008
Property Address: 6034 Mayfield Road
Municipality: Town of Caledon
OLT Case No.: OLT-23-000667
OLT Lead Case No.: OLT-23-000667
OLT Case Name: Airfield Development Inc. & Airfield II Developments Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Airfield Developments Inc. and Airfield II Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of two one storey industrial buildings
Reference Number: RZ 2021-0014
Property Address: 6034 Mayfield Road
Municipality: Town of Caledon
OLT Case No.: OLT-23-000668
OLT Lead Case No.: OLT-23-000667
Heard: November 10, 2023 by telephone hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Airfield Developments Inc. and Airfield II Developments Inc. (“Applicant/Appellant”) | Rodney Gill |
| Town of Caledon (“Town”) | Raj Kehar, Max Rubin, in-house Counsel |
| Region of Peel (“Region”) | Rachel Godley |
MEMORANDUM OF ORAL DECISION DELIVERED BY JACKIE DENYES ON NOVEMBER 10, 2023, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This matter proceeded this date by way of a Telephone Case Conference (“TCC”) for the Tribunal to receive a status update from the Parties in relation to appeals filed by Airfield Developments Inc. and Airfield II Developments Inc. (“Applicant/Appellant”) for an Official Plan Amendment (“OPA”) and a Zoning By-law Amendment (“ZBA”) pursuant to subsections 22(7) and subsection 34(11) of the Planning Act against the failure of the Town of Caledon (“Town”) to make a decision within the statutory timeframes.
2The subject property (“Subject Property”) is located at 0 Airport Road and 6034 Mayfield Road, Town of Caledon.
3The Applicant is seeking permission to develop two one-storey industrial buildings on the property with a total gross floor area of 44,539 square metres (“sq m”) having an overall density of 0.47 times the lot area. The Subject Property is 9.4 hectares (“ha”) in size and is currently vacant.
PARTICIPANT STATUS REQUESTS
4The Tribunal received two Participant Status requests from counsel Bickrumjit Dhugga of RZCD Law Firm on behalf of their clients 6230 Mayfield Inc. and Airport 12151 Inc. as they indicated they are adjacent properties and all fall within the Tullamore Secondary Plan being designated as such by the Town of Caledon, and have formed an adjacent land owner group.
56230 Mayfield Inc. and Airport 12151 Inc. cite, inter alia, concerns regarding servicing, access, internal road design and storm water management.
6Upon hearing submissions by all Parties, there was a consensus to defer the consideration of these status requests to the next Case Management Conference (“CMC”) in order to have further discussions among Counsel, review their Participant Status Requests and to share plans with Mr. Dhugga and his clients based on the on-going discussions.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
7Mr. Gill informed the Tribunal that in-person private mediation is currently ongoing. The Parties have engaged with those seeking participant status and are optimistic that, given some time to continue with this process, they will be able to resolve and/or narrow the issues for a hearing.
8Mr. Kehar, on behalf of the Town, indicated to the Tribunal that he now has instructions to oppose the Appeal but that he also has instructions to engage in productive mediation.
9There was a consensus among the Parties that the scheduling of a further CMC in February, 2024 would allow sufficient time to resolve and/or narrow the issues.
10Regarding a draft Procedural Order and Issues List, Mr. Gill indicated he had not filed these documents previously, as all Parties were involved in meaningful mediation in an attempt to resolve and/or narrow the scope of issues.
11The Tribunal directed Mr. Gill to prepare and file a draft Procedural Order and Issues List with the Case Coordinator on or before Friday, November 17, 2023, for the Tribunal’s review.
12The Tribunal scheduled a subsequent CMC for Thursday, February 22, 2024, at 10 a.m. by video hearing and, should the parties reach a settlement, then they may contact the case coordinator to request that the CMC be converted to a Settlement Hearing.
13Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/519389173
Access code: 519-389-173
14Parties 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
15Persons 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 519-389-173.
16Individuals 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
17THE TRIBUNAL ORDERS that:
a. A Case Management Conference will be held by video hearing commencing Thursday, February 22, 2024, at 10 a.m.
b. The consideration of requests for status by Airport 12151 Inc. and 6230 Mayfield Inc. is deferred to February 22, 2024, at 10 a.m.
c. A draft Procedural Order and Issues List will be filed on or before November 17, 2023, by Mr. Gill, Counsel for the Applicant/Appellant.
d. No further Notice will be provided.
e. This Member is not seized.
“Jackie Denyes”
JACKIE DENYES
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.