Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 13, 2023
CASE NO(S).: OLT-22-002101 (Formerly PL190391)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fowler Construction Company Ltd.
Subject: Request to amend the Official Plan - Refusal of request by Township of Ramara
Existing Designation: Rural
Proposed Designated: Mineral Aggregate Extraction
Purpose: To permit the expansion of the existing licensed quarry area
Property Address/Description: 7723 Rama Road
Municipality: Township of Ramara
Approval Authority File No.: OP-1/17
OLT Case No.: OLT-22-002101
Legacy Case No.: PL190391
OLT Lead Case No.: OLT-22-002101
Legacy Lead Case No.: PL190391
OLT Case Name: Fowler Construction Company Ltd. v. Ramara (Township)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fowler Construction Company Ltd.
Subject: Application amend Zoning By-law No. 2005-85 - Refusal of Application by Township of Ramara
Existing Zoning: Rural (RU)
Proposed Zoning: Mineral Aggregate Extraction (MAE)
Purpose: To permit the expansion of the existing licensed quarry area
Property Address/Description: 7723 Rama Road
Municipality: Township of Ramara
Municipal File No.: Z-8/17
OLT Case No.: OLT-22-002102
Legacy Case No.: PL190392
OLT Lead Case No.: OLT-22-002101
Legacy Lead Case No.: PL190391
PROCEEDING COMMENCED UNDER subsection 11(5) of the Aggregate Resources Act, R.S.O. 1990, c. A.8, as amended
Referred by: Katie O’Connell
Objector: Greg Armstrong
Objector: Marilyn Armstrong
Objector: William Armstrong
Objector: Gary Bennett; and others
Applicant: Fowler Construction Company Ltd.
Subject: Application for a Class A licence for the removal of aggregate
Property Address/Description: Part Lot 40, Concession Broken Front
Municipality: Township of Ramara
OLT Case No.: OLT-22-002103
Legacy Case No.: MM200028
OLT Lead Case No.: OLT-22-002101
Legacy Lead Case No.: PL190391
Heard: March 21, 2023 by Telephone Conference Call (“TCC”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Fowler Construction Company Ltd. | K. Mullin |
| County of Simcoe | M. Green |
| Township of Ramara | D. Donnelly |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN AND ORDER OF THE TRIBUNAL
1This Teleconference Call (“TCC”) was convened for the purpose of obtaining a status update with regard to the fulfillment of the conditions so that the final order can be issued.
2The Tribunal has been advised that the former solicitor to the Township of Ramara (“Township”) is no longer acting on behalf of the Township. Mr. Donnelly was retained by the Township as legal counsel on December 22, 2022.
3The Parties have confirmed that two of the three conditions were fulfilled last year and the remaining condition is the confirmation from counsel that Fowler Construction Company Ltd. (“Fowler”), the Township, and the County of Simcoe (“County”) have entered into an agreement in regard to the traffic camera to be installed at the intersection of Switch Road and Rama Road, and the Trucker Safety Protocol, as set out in Schedule “C” of the interim decision of the Tribunal.
4Ms. Mullin has indicated that the information requested by the Township has been provided recently. The Township’s transportation engineer has provided a list of questions to Fowler in respect to the traffic camera operations. On March 20, 2023 Fowler provided a response which is currently being reviewed by the Township.
5Mr. Green raised concerns on behalf of the County, principally, that there be no liability on the County in the event of an accident occurring on Rama Road.
6The Tribunal has reviewed and considered the submissions of the Parties and the direction of the Tribunal is outlined below.
7The Tribunal directs the Township of Ramara to provide a response to the County of Simcoe by March 31, 2023.
8The Tribunal further directs the Township of Ramara to provide an agreement to the Fowler Construction Company Ltd. in respect to the location and installation of the traffic camera and the Traffic Safety Protocol by April 14, 2023.
9The Tribunal so Orders.
“P. Tomilin”
P. TOMILIN
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.