Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 24, 2023
CASE NO(S).: OLT-22-004070
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D09OPA20.002
OLT Case No.: OLT-22-004070
OLT Lead Case No.: OLT-22-004070
OLT Case Number: Glen Williams Estates Inc. v. Halton Hills (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Application to amend Zoning By-law - Refusal or neglect to make a decision
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D14ZBA20.009
OLT Case No.: OLT-22-004071
OLT Lead Case No.: OLT-22-004070
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Proposed Plan of Subdivision – Failure of Town of Halton Hills to make a decision
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D12SUB20.001
OLT Case No.: OLT-22-004072
OLT Lead Case No.: OLT-22-004070
Heard: March 13, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Glen Williams Estates Inc.
H. Arnold
Town of Halton Hills
A. Burton (J. Wilker in absentia)
Regional Municipality of Halton
B. Maione
MEMORANDUM OF ORAL DECISION DELIVERED ON MARCH 13, 2023 BY S. BRAUN AND ORDER OF THE TRIBUNAL
1This was a second Case Management Conference (“CMC”) in relation to appeals by the owner of 102 Confederation Street, in the Town of Halton Hills (“Town”). Glen Williams Estate Inc. (“Applicant”/“Appellant”) appealed under subsections 22(7), 34(11) and 51(34) from the failure of the Town to make decisions on its applications for amendments to the Official Plan (“OP”), Zoning By-law, and approval of a Plan of Subdivision.
2At a previous CMC held before a panel differently constituted, Party status was granted to the Regional Municipality of Halton (“Region”) and the Credit Valley Conservation Authority (“CVCA”). Participant status was granted to an unincorporated association, Concerned Citizens of the Glen, with representative Chris Sargent, as well as the incorporated Glen Williams Community Association (also known as Hamlet of Glen Williams Residents Association Inc.).
3At that time, the Tribunal was advised that the Applicant intended to submit a third application and as such, an Issues List (“IL”) could not be formulated in advance of the Town and Region having had an opportunity to review and comment thereon. With respect to the possibility of mediation, the Tribunal was further advised that the Town was without instructions as a result of an upcoming Municipal election. As such, the Parties requested a second CMC be scheduled to provide the Tribunal with an update on the foregoing.
4The Tribunal notes that in advance of this CMC, the CVCA withdrew as a Party to these proceedings and will be in a position to issue draft plan conditions upon receipt of an updated topographic survey, which is expected to be received in the near future.
5Although the remaining Parties had hoped they would be in a position to present a draft Procedural Order (“PO”) and Issues List (“IL”) to the Tribunal for its review and approval at this CMC, the Town and the Region advised that they are still in the process of reviewing the Applicant’s third submission. As such, the Parties remain unable to agree upon an Issues List and are not in a position to consider mediation at this time.
6Accordingly, the Parties requested the Tribunal schedule a third CMC in May. The Tribunal stressed the importance of ensuring that the next CMC be productive and provided directions in that regard. The Parties are expected to submit a draft PO and a detailed Issues List no later than Tuesday, May 23, 2023 and are expected to arrive at the next CMC prepared to set hearing dates. The Tribunal will also look to the Parties to provide an update with respect to possible settlement and/or mediation.
7A subsequent CMC is scheduled to proceed by video on Wednesday, May 24, 2023, at 10 a.m.
8Parties and Participants are asked to log into the video CMC 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
9Parties 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.
10Persons 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 719-383-509.
11Individuals 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 CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the CMC event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
13There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
14It is so ordered.
“S. Braun”
S. Braun
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.