Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 10, 2023
CASE NO(S).: OLT-22-004149
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Millcroft Greens Corporation
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: to permit the redevelopment of parts of a golf course to construct a total of 90 single family units and 130 apartment units in four areas
Reference Number: 505-07/20
Property Address: 2155 Country Club Drive and 4274 Dundas Street
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004149
OLT Lead Case No: OLT-22-004149
OLT Case Name: Millcroft Greens Corporation v. Burlington (City.)
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 permit the redevelopment of parts of a golf course to permit a total of 90 single family units in four areas
Reference Number: 520-07/20
Property Address: 2155 Country Club Drive and 4274 Dundas Street
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004150
OLT Lead Case No: OLT-22-004149
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 permit the redevelopment of parts of a golf course to permit a total of 90 single family units in four areas
Reference Number: 510-02/20
Property Address: 2155 Country Club Drive and 4274 Dundas Street
Municipality/UT: Burlington/Halton
OLT Case No: OLT-22-004151
OLT Lead Case No: OLT-22-004149
Heard: November 7, 2022 by video hearing
APPEARANCES:
Parties
Counsel
Millcroft Greens Corporation
P. Harrington
M. Barrett
City of Burlington
I. Tang
Region of Halton
K. Yerxa
B. Maione
Halton Conservation Authority
K. Stavrakos
The Millcroft Coalition Against Bad Development
C. de Sereville
MEMORANDUM OF ORAL DECISION DELIVERED BY D.S. COLBOURNE ON NOVEMBER 7 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Case Management Conference (“CMC”) was conducted on November 7, 2022. The representative of the Millcroft Greens Corporation had difficulty connecting to the meeting.
2The agenda provided by Mr. Harrington was agreed to by all parties.
3He provided an outline of the proposal
4A further CMC was requested and it was set for Tuesday, March 7, 2023 at 10 a.m.
5Parties 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/656004293
Access code: 656-004-293
6Parties 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
7Persons 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 656-004-293.
8Individuals 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.
9Mr. Harrington had no objection to granting participant status to the extensive list of individuals who have filed. The Applicant and the City are to agree on the final list. No other party had issues with the participants’ requests. The Tribunal granted participant status to the list provided, to be confirmed by the parties.
10Mr. Harrington made the request to postpone determination of the requests for party status.
11Those requests were made by the Region of Halton, The Halton Conservation Authority, two incorporated ratepayers’ groups, The Millcroft Coalition Against Bad Development and the Millcroft Greens Corporation .
12Mr. Harrington essentially wanted to postpone the decision to await the outcome of the recent proposed legislation, in order to determine the responsibilities of the public authorities under the ultimate form of the legislation. All other counsel opposed that position.
13The Tribunal rejected Mr. Harrington’s request and granted party status to the four parties noted above.
“D.S. Colbourne”
D.S. COLBOURNE
VICE-CHAIR
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.