Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2023
CASE NO(S).: OLT-21-001681
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: 406 Farm Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the redesignation of the subject lands from ‘Restricted Agricultural Area’ to ‘Residential’
Reference Number: OPA 53
Property Address: 4386 Confederation Line
Municipality/UT: Plympton-Wyoming/Lambton
OLT Case No.: OLT-21-001681
OLT Lead Case No.: OLT-21-001681
OLT Case Name: 406 Farm Inc. v. Plympton-Wyoming (Town)
Heard: February 21, 2023, by Video Hearing
APPEARANCES:
Parties
Counsel
406 Farm Inc.
Scott Snider
Anna Toumanians
Town of Plympton-Wyoming
Carolina Campos
memorandum of oral decision DELIVERED BY David brown and steven t. mastoras on february 21, 2023 AND ORDER OF THE TRIBUNAL
1The Tribunal convened a Case Management Conference (“CMC”) in respect of an appeal filed by 406 Farm Inc. (the “Appellant”) pursuant to s. 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended (the “Act”), against the Town of Plympton-Wyoming’s (the “Town”) failure to make a decision on an application to amend the Official Plan (the “OPA”) with the timeframe prescribed by the Act.
2The lands that are the subject of the OPA are located at 4386 Confederation Line. The OPA proposes to redesignate approximately a 4.2-hectare portion of the Appellant’s lands to Residential to facilitate the development of residential lots.
3An Affidavit of Service sworn on January 25, 2023, attesting to the giving of notice for this proceeding was marked as Exhibit 1.
4Mike and Judy Hanki (the “Hankis”), who reside at 4372 Confederation Line which abuts the Appellant’s property, attended the CMC. The Hankis requested Participant Status as they are the most directly affected neighbour as the Appellant’s lands effectively surround their property and they have concerns with the request and the process leading up to the Appeal.
5No objections were raised by the Parties and the Tribunal conferred Participant Status on the Hankis.
6Town Council considered the OPA at their meeting on June 28, 2021 and refused the OPA. Mr. Snider explained that the Town failed to issue a Notice of Decision and, as a result, the Appeal was filed for the failure to issue a decision within the prescribed timeframe.
7Mr. Snider advised the Tribunal that his client has been in discussions with the Town and they believe that they are close to a settlement of this matter. He requested that a further CMC be scheduled. Should a settlement be achieved, the Parties will request that the CMC be converted to a settlement hearing and in the event that the Parties do not settle, the CMC will be used to schedule a hearing. The Town concurred with the approach outlined by Mr. Snider.
8The Tribunal scheduled a second CMC for Thursday, May 11, 2023, to commence at 10 a.m. by video hearing. Should the CMC not be converted to a Settlement Hearing, the purpose of the CMC will be to consider a Draft Procedural Order and Issues List and then schedule a hearing date.
9Parties 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/719383509
Access code: 719-383-509
10Parties 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
11Persons 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) 1-888-299-1889 or +1 (647) 497-9373. The access code is as indicated above.
12Individuals 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.
13The Tribunal directs the Parties to advise the Tribunal on or before April 11, 2023, if a settlement has been achieved.
14In the event that a settlement has been achieved, the Parties are to notify the Hankis of the settlement and the particulars of the terms of the settlement on or before April 11, 2023. The Hankis upon being notified of a settlement between the Parties may file a written Participant Statement with the Tribunal on or before April 27, 2023.
ORDER
15THE TRIBUNAL ORDERS that a second Case Management Conference is scheduled on Thursday, May 11, 2023, commencing at 10 a.m. by video hearing as set out in the meeting details above.
16The Tribunal confers Participant Status on Mike and Judy Hanki.
17The Tribunal directs that the Parties shall notify the Tribunal on or before Tuesday, April 11, 2023, of the status of the settlement negotiations and whether the scheduled CMC should be converted to a hearing to consider the settlement.
18The Tribunal directs that, in the event that a settlement has been achieved, the Parties shall notify the Participants of the relevant terms of the settlement on or before April 11, 2023.
19The Participants, upon being notified of a settlement between the Parties, may submit a written Participant Statement to the Tribunal on or before April 27, 2023.
20No further notice of these proceedings will be provided.
21The Panel is not seized of this matter.
“David Brown”
david brown
MEMBER
“Steven T. Mastoras”
steven T. mastoras
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.