Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 27, 2023
CASE NO(S).: OLT-23-000126
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: John Rose
Subject: By-law No. 2023-03
Description: to allow for development on vacant lands and redevelopment for properties that contain a residential dwelling
Reference Number: BL 2023-03
Property Address: Lots 18, 19 & 20, Concession 5 & 6 (Paradise Point and Grandview Beach)
Municipality/UT: Township of Tay
OLT Case No.: OLT-23-000126
OLT Lead Case No.: OLT-23-000126
OLT Case Name: Rose v. Tay (Township)
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: John Rose
Subject: Proposed Official Plan Amendment
Description: To allow for development on vacant lands and redevelopment for properties that contain a residential dwelling
Reference Number: OPA-23045
Property Address: Lots 18, 19 & 20, Concession 5 & 6 (Paradise Point and Grandview Beach)
Municipality/UT: Township of Tay
OLT Case No.: OLT-23-000882
OLT Lead Case No.: OLT-23-000126
OLT Case Name: Rose v. Tay (Township)
Heard: November 8, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| John Rose | Self-Represented* |
| Township of Tay | C. Emmett |
| County of Simcoe | Z. Walpole (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON NOVEMBER 8, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an appeal by John Rose (“Appellant”) from the passing of Zoning By-law No. 2023-03 (“ZBL”) in the Township of Tay (“Township”), pursuant to s. 34(19) of the Planning Act.
2The Tribunal received the Affidavit of Service and marked it as Exhibit 1.
3The Tribunal was provided with a Draft Procedural Order (“DPO”).
4The Application proposes to amend the ZBL to allow for development to occur on vacant lands and to amend the provisions to allow for the redevelopment of properties that currently contain a residential dwelling unit.
PRELIMINARY MATTER
5On the day of the CMC, the Tribunal received communication requesting that the appeals of OLT-23-000126 and OLT-23-000882 be consolidated. The presiding Member was not provided with the access to review the materials for the OLT-23-000882 file. Given the circumstances, the request for consolidation of the appeals could not be considered at this time and will be dealt at the second CMC.
STATUS REQUESTS
6Prior to the CMC, the Tribunal received Participant Status requests from the owners of nearby properties. The Tribunal granted Participant Status to the following individuals:
- Angie Lowe
- David and Stephanie Pomart
- Sandra Clark
MEDIATION
7The Tribunal canvassed the Parties as to whether they had engaged in discussions to resolve any of the issues in the appeal, and whether they would be interested in mediation. The Parties indicated that they are open to the mediation. The Tribunal directed the Parties to contact the assigned Case Coordinator should they wish to pursue Tribunal-led mediation.
HEARING, PROCEDURAL ORDER AND ISSUES LIST
8Given the uncertainty of the consolidation of the Appeals, it is premature to set hearing dates at this CMC. The hearing dates could be set at the second CMC. The Tribunal canvassed the Parties to ascertain the number of days and the number of expert witnesses each Party intends to call at the Hearing. The Appellant will be calling one expert witness – a Water Scientist. The Township and the County will have three witnesses total, - two Land Use Planners and a Hydrogeologist. If the Appeals are consolidated at the second CMC, the Parties will be asking for three days to be set aside for the hearing.
9A one-day CMC will be held and is scheduled to commence by video on Friday, January 12, 2024 at 10:00 a.m.
10Parties 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 Conference Link: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
11Parties 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
12Persons 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) 1-888-455-1389 or +1 (647) 497-9391. The access code is same as mentioned above.
13Individuals 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
14THE TRIBUNAL ORDERS that the following individuals are Participants in this proceeding:
- Angie Lowe
- David and Stephanie Pomart
- Sandra Clark
15THE TRIBUNAL FURTHER ORDERS that a second CMC is scheduled to commence as set out above in this decision. Parties are to provide a revised version of the Draft Procedural Order and Issues List to the Tribunal on or before Friday, January 5, 2024.
16This Member is not seized.
17There will be no further notice.
“P. Tomilin”
P. Tomilin
MEMBER
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.