Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 08, 2023 CASE NO(S).: OLT-22-004566
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Rowhedge Construction Ltd.
Subject: Site Plan
Description: To permit construction of two industrial buildings
Reference Number: SP1215.004/01
Property Address: 45 and 55 William Halton Parkway East
Municipality: Town of Oakville
OLT Case No.: OLT-22-004566
OLT Lead Case No.: OLT-22-004566
OLT Case Name: Rowhedge Construction Ltd. v. Oakville (Town)
Heard: January 23, 2023 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Rowhedge Construction Ltd. | Russell Cheeseman |
| Town of Oakville | Jennifer Huctwith |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON JANUARY 23, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) regarding an appeal by Rowhedge Construction Ltd. (“Appellant”) pursuant to s. 41(12) of the Planning Act (“Act”) with respect to the Town of Oakville’s (“Town”) failure to make a decision within the required timeframe on the Appellant’s proposed application for a Site Plan.
2The proposed development is to construct two industrial buildings with total combined Gross Floor Area (“GFA”) of 33,603.40 square metres (“sq m”) and would be located at 45 and 55 William Halton Parkway East (“Subject Property”) in Oakville.
3Notice of this CMC was issued by the Tribunal on December 9, 2022. Counsel for the Town advised that the Notice did not go to the Region of Halton (“Region”), who (as the properties are on a Regional Road) would have an interest in the matter and might seek Party status. As they would be seeking a second CMC, Counsel for the Parties suggested that Notice of that event be provided to the Region; the Tribunal agreed with this course of action and continued with the CMC.
Status Update
4Counsel for the Appellant provided a status update, stating that a first submission of the Site Plan had been completed with comments received from the Town. The Appellant addressed all comments and has now submitted a second Site Plan for the Town’s review. If Town approval is received, the Appellant would then proceed with a request for a settlement Hearing before the Tribunal or with the withdrawal of the Appeal. Counsel for the Town indicated that the resubmission had just been received and a review had just begun.
5In addition, the Parties advised the Tribunal that the Subject Property is one of several properties abutting Highway 407 which was not properly taken out of the Parkway Belt West Plan (“Parkway Plan”).
6Counsel for the Appellant explained that the Province is currently considering revocation of the Parkway Plan. Counsel for the Town indicated that the Subject Property is now simultaneously designated as significant employment lands and as part of the Parkway Plan; she also indicated that, in on-going discussions, the Province was supportive of removing the Subject Property (among other lands) from the Parkway Plan.
7Both Parties agreed that scheduling a second CMC, perhaps in April, could provide sufficient time for resolution of the issue with the Parkway Plan, either through the plan’s complete revocation or through discussions with the Province.
Tribunal-led Mediation
8The Tribunal highlighted the availability of Tribunal-led mediation and advised the Parties to contact the Case Coordinator should they wish to pursue this option. Mr. Cheeseman indicated that as discussions were progressing well, he did not think this would be necessary; Ms. Huctwith confirmed that the Town would continue with direct discussions and would participate in Tribunal-led mediation if that is pursued.
Draft Procedural Order
9The Tribunal was advised that there was no draft Procedural Order to consider at this time. While both Parties hoped that resolution of this matter would be forthcoming, the Tribunal directed the Parties to submit a draft Procedural Order including Issues List prior to the next CMC.
Scheduling of Future Hearings
10The Tribunal scheduled a second CMC to proceed by Video Hearing on Tuesday, April 25, 2023 at 10 a.m.
11Parties and participants are asked to log in to 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/692665589
Access code: 692-665-589
12Parties 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.
13Persons 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 692-665-589.
14Individuals 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
15The Tribunal Orders that:
a. A second CMC will be held at 10 a.m. on Tuesday, April 25, 2023 by Video Hearing;
b. Notice of the second CMC will be given to the Region of Halton;
c. The draft Procedural Order including Issues List will be provided to the Tribunal on or before Monday, April 17, 2023; and,
d. This Member is not seized.
“S. Bobka”
S. BOBKA
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.