Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 19, 2023
CASE NO(S).: OLT-22-000803
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Silvio Guglietti (Roseville Properties Inc.)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of 10 street townhouses
Reference Number: Z.1714.28
Property Address: 106-114 Robinson Street, and 71 Water Street
Municipality: Town of Oakville
OLT Case No.: OLT-23-000803
OLT Lead Case No.: OLT-23-000803
OLT Case Name: Roseville Properties Inc. v. Oakville (Town)
Heard: December 8, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Silvio Guglietti (Roseville Properties Inc.) | Russell Cheeseman |
| Town of Oakville | Nadia Chandra |
| The Regional Municipality of Halton | Brittany Maione |
| Janet Johnston | Michael Barton* |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON DECEMBER 8, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) before the Tribunal with respect to an appeal under section 34(11) of the Planning Act by Roseville Properties Inc. (“Applicant”) resulting from the failure of the Town of Oakville (“Town”) to make a decision within the statutory timeframe on an application for a Zoning By-law Amendment (“ZBA”). The purpose of the ZBA is to facilitate the development of 10 street townhouses at 106–114 Robinson Street and 71 Water Street in the Town (“Subject Property”).
2At the CMC, the Tribunal reviewed the Affidavit of Service sworn October 19, 2023. Counsel confirmed that there was no issue with the service of the Notice of the CMC and the Affidavit of Service of Darlene Hornsby sworn October 19, 2023, which was marked as Exhibit 1.
PARTY/PARTICIPANT STATUS REQUESTS
3The Tribunal received in total three requests for Party status: from the Regional Municipality of Halton (“Region”), Janice Johnston and Andrew Cockwell.
4The Region’s request for Party status was not opposed by counsel for the Applicant and the Town. The development of the Subject Property is subject to the Region’s Official Plan. The Region is circulated on Zoning By-law amendments to allow for the opportunity to review and comment on the proposal. The Region provided comments to the Town on the application, which is the subject of the appeal. The Region’s concern with the appeal relates to the Regional Natural Heritage System, site contamination, and Regional policy. The Region was granted Party status.
5Janice Johnston was represented by Michael Barton, a Registered Professional Planner with MB1 Development Consulting Inc. According to her Party Status Request Form, Ms. Johnston resides at a property that abuts the Subject Property and that will be impacted by the ZBA and proposed development. It is her intention to fully participate in the proceeding in accordance with Rule 8.1 of the Tribunal’s Rules of Practice & Procedure. She has retained an expert in land use planning to support her role and responsibilities as a party and to provide land use planning evidence at the hearing. When asked whether Ms. Johnston understood the cost consequences of being a party, she confirmed that she did. Ms. Johnston was granted Party status.
6Andrew Cockwell submitted a Party Status Request Form. After the Tribunal canvassed what evidence he might present and informed him of the difference between a Party and Participant, Mr. Cockwell opted for Participant status and submitted the Participant Status Request Form to the Tribunal after the hearing. Mr. Cockwell was not granted Party status but was instead granted Participant status.
DRAFT PROCEDURAL ORDER AND ISSUES LIST
7The parties did not provide a draft Procedural Order or Issues List prior to the CMC. Given the requests for Party status, it was reasonable for the parties to await the Tribunal’s disposition of those requests. As this was a non-Decision appeal, the City will have to formalize the issues that are in dispute. A second CMC was scheduled to proceed on Friday, February 9, 2024 at 10 a.m. A draft Procedural Order and Issues List is to be provided to the Tribunal in advance of the second CMC.
8Counsel for the Applicant advised that a Site Plan Control application has been submitted to the City and he anticipates that the Tribunal will receive his client’s appeal relating to that application in mid-January 2024. Consolidation will likely be an issue at the second CMC.
9The Tribunal has scheduled the CMC to proceed by video on Friday, February 09, 2024 at 10 a.m. by video. No further notice is required for this second CMC.
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:
https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
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 in to an audio-only telephone line: +1 (647) 497-9373 or Toll-Free 1-888-299-1889. The access code is: 687-587-165.
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:
A second Case Management Conference is scheduled to proceed by video hearing, on Friday, February 09, 2024, at 10 a.m.
The Procedural Order and Issues List are to be provided to the Tribunal prior to the second Case Management Conference.
No further notice is required; and
This Member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.