Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2023
CASE NO(S).: OLT-22-003970
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Delmanor West Oak Inc.
Subject: Application to amend Zoning By-law No. No. 2014-014 - Neglect or Refusal of application by Town of Oakville
Existing Zoning: Private Open Space, Special Provision 122 (O2-122)
Proposed Zoning: Site Specific Private Open Space (O2) zone with a Special Provision
Purpose: To permit 8-storey seniors’ residence
Property Address/Description: 1280 Dundas Street West
Municipality: Town of Oakville
Municipal File No.: Z.1423.07
OLT Lead Case No.: OLT-22-003970
OLT Case No.: OLT-22-003970
OLT Case Name: Delmanor West Oak Inc. v. Oakville (Town)
APPEARANCES:
Parties
Counsel
Delmanor West Oak Inc. (the “Appellant”)
J. Cheng C. Lantz (in absentia)
Town of Oakville (the “Town”)
J. Huctwith
Region of Halton (the “Region”)
B. Maione
Conservation Halton
K. Stavrakos
Whiteoaks Communications Group Limited
K. Stavrakos
AMENDING DECISION OF THE TRIBUNAL DELIVERED BY D. ARNOLD
1In accordance with Rule 24.4 of the Tribunal’s Rules of Practice and Procedure, whereby the Tribunal may at any time and without prior notice to the parties correct a technical or typographical error made in a decision or order, the Decision and Order (“Decision”) issued on April 25, 2023, is hereby amended.
2By deleting paragraph [7] (i) from the Decision:
7 Mr. Kemal also reviewed the Town’s new Official Plan (approved on November 4, 2022, subsequent to the date of the ZBA application submitted to the Town by the Appellant), and opined that there is no material change to his analysis of conformity of the ZBA in the context of the Town’s new Official Plan.
3And replacing it with the following:
7 Mr. Kemal also reviewed the Region’s Official Plan Amendment 49 (approved on November 4, 2022, subsequent to the date of the ZBA application submitted to the Town by the Appellant), and opined that there is no material change to his analysis of conformity of the ZBA in the context of the Region’s Official Plan Amendment 49.
4In all other respects the Tribunal’s Decision remains the same.
“D. Arnold”
D. ARNOLD
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.