Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 31, 2023
CASE NO(S).: OLT-21-001847
PROCEEDING COMMENCED UNDER section 34(19) of the Planning Act, R.S.O. 1990,c. P. 13, as amended.
Appellant: Fred May Subject: Zoning By-law Description: To regulate the use of land, buildings or structures for cannabis cultivation, production and processing operations Reference Number: By-law 2021-183 Property Address: City Wide Municipality/UT: Welland/Niagara OLT Case No: OLT-21-001847 OLT Lead Case No: OLT-21-001847 OLT Case Name: May v. Welland (City)
Heard: January 23, 2023 by video hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Fred May | David Donnelly* |
| City of Welland | Tom Hanrahan* |
DECISION DELIVERED BY JATINDER BHULLAR AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference (“CMC”) for the above noted matter. However, the Parties informed the Tribunal around January 15, 2023 that they have reached a settlement and requested that the CMC be converted into a settlement hearing. The Tribunal granted the request and the CMC for January 23, 2023 was converted into a settlement hearing.
2This matter arises out of Fred May’s (“Appellant”) appeal against the adoption of city wide Zoning By-law 2021-183 (“ZBL”) by the City of Welland (the “City”) to regulate the use of land, buildings or structures for cannabis cultivation, production and processing.
PARTIES AND PARTICIPANTS
3There were no requests for the grant of Party or Participant status.
WITNESS
4Allan Ramsay was called to provide expert opinion evidence in the area of land use planning. Mr. Ramsay has previously submitted an Affidavit in support of the settlement (the “Affidavit”).
PRELIMINARY MATTER
5The Tribunal was requested at the onset to approve the as amended by settlement complete original ZBL. Having had the opportunity to carry out a high level review of the Affidavit, the Tribunal informed the Parties that it was concerned with the level of detail as well as the scope of coverage of planning policies in the Affidavit. The Parties were specifically advised by example on the scant level of analysis and detail in the Affidavit.
6The Parties requested that the Tribunal stand down for a short period so that they may review the Tribunal’s concerns. The Tribunal granted the request and stood down for about 30 minutes.
7On return, the Parties requested further direction on areas that are important for the Tribunal to receive evidence upon. The Tribunal verbally appraised the Parties about some of the policies related to prime agricultural areas and the support in the Provincial Policy Statement 2020 regarding the growing of all types of crops which conform with normal farming practices. The Tribunal in order to assist the Parties also stated that it can provide further direction in writing.
8The Parties requested that the Tribunal allow them to come back as the scope of policy analysis was substantive and they would need time to bring forth the same. The Tribunal allowed this request and the Tribunal Ordered that the hearing would continue on Friday, March 3, 2023 commencing at 10 a.m. As part of the preparation for the upcoming continuation, the Tribunal also shared a recent decision of the Tribunal related to like issues raised in this appeal (OLT-22-002249-JAN-25-2023).
APPELLANT INFORMS TO WITHDRAW THEIR APPEAL
9On February 28, 2023 the Tribunal was informed that the Appellant has decided to withdraw his appeal.
10The City informed concurrently that they have no objection to the request of the Appellant to withdraw their appeal.
11The Tribunal recognized the request and determined that there was nothing before it to adjudicate.
ORDER
12The Tribunal Orders that the file is closed.
“Jatinder Bhullar”
JATINDER BHULLAR 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.