Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 15, 2023
CASE NO(S).: OLT-22-002969 (Formerly PL180898)
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant: Langmaid's Island Corporation Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks Reference Number: OPA 01/18 LOB Property Address: (Langmaid Island) Municipality/UT: Lake of Bays/Muskoka OLT Case No.: OLT-22-002969 Legacy Case No: PL180898 OLT Lead Case No.: OLT-22-002969 Legacy Lead Case No: PL180898 OLT Case Name: Langmaid’s Island Corporation v. Lake of Bays (Township)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks Reference Number: Z 01/18 LOB Property Address: (Langmaid Island) Municipality/UT: Lake of Bays/Muskoka OLT Case No.: OLT-22-002970 Legacy Case No: PL180899 OLT Lead Case No.: OLT-22-002969 Legacy Lead Case No: PL180898
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks Reference Number: Z/11/2018/HTE Property Address: 3393 South Portage Road (3393 South Portage Road) Municipality/UT: Huntsville/Muskoka OLT Case No.: OLT-22-002972 Legacy Case No: PL180911 OLT Lead Case No.: OLT-22-002969 Legacy Lead Case No: PL180898
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks Reference Number: Z/12/2018/HTE Property Address: 4215 South Portage Road (4215 South Portage Road) Municipality/UT: Huntsville/Muskoka OLT Case No.: OLT-22-002974 Legacy Case No: PL180912 OLT Lead Case No.: OLT-22-002969 Legacy Lead Case No: PL180898
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: to develop 36 lots for residential uses and to provide for the protection of conservation blocks Reference Number: S2018-1 Property Address: Langmaid Island Municipality/UT: Huntsville/Muskoka OLT Case No.: OLT-22-002976 Legacy Case No: PL180916 OLT Lead Case No.: OLT-22-002969 Legacy Lead Case No: PL180898
Heard: December 12, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Langmaid’s Island Corporation | A. Margaritis |
| District of Muskoka | J. Clow |
| Township of Lake of Bays | J. Ewart |
| Town of Huntsville | J. Ewart |
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON DECEMBER 12, 2023 AND ORDER OF THE TRIBUNAL
1This Case Management Conference (“CMC”) was convened for the Parties to update the Tribunal with respect to Langmaid’s Island Corporation’s (“Applicant”) outstanding appeal against the District of Muskoka (“District”), as approval authority, of a draft Plan of Subdivision (“POS”) pursuant to s. 51(34) of the Planning Act (the “Act”). The Tribunal’s lead file for this matter is OLT-22-002969, and the file number in respect of the draft POS is OLT-22-002976.
2On July 6, 2023, the Tribunal issued the following Order:
THAT the appeals under subsection 51(34) the Planning Act should be allowed in part, and the Plan of Subdivision should be approved.
THAT the Plan of Subdivision is hereby draft approved in the form set out in Tab 2, Exhibit 8, and attached as Schedule 1 to this Order subject to the fulfillment of the conditions, as contained in Tab 4 Exhibit 8 and attached as Schedule 2 to this Order.
THAT pursuant to s. 51(56.1) of the Planning Act, the District Municipality of Muskoka shall have the authority to clear the conditions of draft plan approval and to administer final approval of the Plan of Subdivision for the purposes of s. 51(58) of the Planning Act.
3In the interim, the Applicant has further reviewed the proposed development on Langmaid Island (“Subject Lands”) and wishes to proceed with a redline revision (“redline”) of the draft POS.
4Any amendments to the Orders or Directions of the Tribunal must be approved by the Tribunal. The District is only authorized to clear the conditions of the original draft POS. As such, the Parties are before the Tribunal seeking direction.
5With input from the Parties, the Tribunal directs the following:
a. The District will circulate the proposed redline of the draft POS pursuant to their typical internal process and ensure all parties are circulated.
b. After circulation, if the District is satisfied with the proposed redline of the draft POS, on consent and in writing, the Applicant will advance the draft redline of the POS through the Case Coordinator for the Tribunal’s review and consideration of a revision to the Order.
c. As part of the above submission, the Applicant should include confirmation from the Planner that ensures the redline of the draft POS and any further or amended conditions have regard to the matters of provincial interest found in s. 2 of the Act, are consistent with the Provincial Policy Statement 2020, conform to the relevant District and Local Municipal Official Plans and meet the requisite zone provisions of both the Town and the Township, represent good planning and are in the public interest.
d. Alternatively, if the District is not satisfied with the proposed redline, the Applicant shall contact the Case Coordinator to set a CMC.
e. It is expected that a draft Procedural Order (“PO”) with a scoped Issues List (“IL”) and anticipated number of hearing days will be forwarded to the Case Coordinator in advance of the CMC.
6The July 6, 2023 Decision is attached to this Decision as Attachment 1, for reference.
ORDER
7THE TRIBUNAL ORDERS its directions and rulings as set out above.
8There will be no further notice.
9The Member is not seized.
10The Member may be spoken to through the Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
s
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.
ATTACHMENT 1