Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 29, 2023
CASE NO(S).: OLT-22-004826
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Amiel Bekkers
Subject: Consent
Description: To permit creation of a new lot with an existing kennel
Reference Number: B22/08(1335)
Property Address: 3466 Burnhamthorpe Road West
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-22-004826
OLT Lead Case No.: OLT-22-004826
OLT Case Name: Bekkers v. Oakville (Town)
Heard: March 24, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Amiel Bekkers | Russell Cheeseman |
| Town of Oakville | Dennis Perlin |
| Region of Halton | Brittany Maione |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON AND P. TOMILIN ON MARCH 24, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision arises from the first Case Management Conference (“CMC”) held in preparation of a hearing on the merits of an appeal filed by Amiel Bekkers (“Appellant”) pursuant to s. 53(19) of the Planning Act in respect of Consent application B22/08(1335) (“Application”) in the Town of Oakville (“Town”) for the lands known municipally as 3466 Burnhamthorpe Road West (“Subject Lands”).
2Currently, the Subject Lands contain two existing buildings: a single detached dwelling and a kennel. The Appellant, owner of the Subject Lands, submitted the Application to sever approximately 2.64 hectares of the Subject Lands for the purposes of creating a new lot with the existing kennel. The retained parcel of approximately 5.56 hectares would contain the existing detached dwelling.
3Town staff recommended refusal of the Application on the basis that the severance would result in the fragmentation of Prime Agricultural Land outside of the Urban Area. The Regional of Halton (“Region”) concurred, and the Application was refused by the Committee of Adjustment (“COA”).
REQUESTS FOR PARTY STATUS
4At the outset of the CMC, the Region requested that the Tribunal grant them Party Status. On consent of both the Appellant and the Town, the request was granted by the Tribunal.
HEARING MATERIALS
5Prior to the CMC, the Parties each filed separate document books and witness statements with the Tribunal. Given their advanced preparation and readiness to proceed to a hearing, the Tribunal advised the Parties that a Procedural Order and Issues List were not required for this matter.
6Mr. Cheeseman, counsel for the Appellant, volunteered to consolidate the document books into a single Joint Document Book in advance of the hearing for the benefit of the Tribunal.
Hearing Dates
7With the addition of the Region as a Party and in consideration of the cumulative number of witnesses to be called, the Parties requested that three days be set aside for a hearing on the merits of the appeal. The Tribunal granted this request and scheduled a three-day hearing commencing on Monday, June 26, 2023 at 10 a.m.
8Parties and participants are asked to log on 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/660145013
Access code: 660-145-013
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 660-145-013.
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 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
12THE TRIBUNAL ORDERS that a hearing on the merits will commence by video hearing on Monday, June 26, 2023 at 10:00 a.m. Three consecutive days have been set aside for the hearing.
13There will be no further notice.
14The Panel is not seized.
“S. Dixon”
S. DIXON MEMBER
“P. Tomilin”
P. TOMILIN 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