Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 5, 2023
CASE NO(S).: OLT-21-001752
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Peter Budd
Subject: By-law No. 2021-94
Municipality: Township of West Lincoln
OLT Lead Case No.: OLT-21-001752
OLT Case No.: OLT-21-001752
OLT Case Name: Budd v. West Lincoln (Township)
Heard: July 28, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Peter Budd/P. Budd Developments Inc. | W. Patric Mackesy |
| Township of West Lincoln | Tom Richardson Thaniya Jeyachandra (student-at-law) |
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JULY 28, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was a hearing in which Peter Budd/P. Budd Developments Inc. (“Appellant”) appealed under s.34(19) of the Planning Act (“Act”) the enactment of By-law No. 2021-94 (“ZBL”) by the Township of West Lincoln (“Township”). The ZBL updated the definition of “Dwelling, Townhouse” which would potentially impact lands or plans of development of the Appellant.
2The parties informed the Tribunal before the hearing event that they have reached a settlement. The settlement resulted from an agreement by the parties as to a new definition of “Dwelling, Townhouse” in the ZBL.
3The settlement allows for amendment specific to the Appellant lands and provides for agreed to “notwithstanding” exceptions and associated relief from parts of the ZBL as well as clarifications with respect of the same.
4There were no parties or participant requests for status and none were granted.
WITNESS
5Brian Treble was called to provide evidence on behalf of both parties. Mr. Treble was sworn by the Tribunal and duly qualified to provide expert opinion evidence in the area of land use planning.
EVIDENCE AND ANALYSIS
6Mr. Treble referred to the staff reports which are part of Exhibit 3. He particularly brought to Tribunal’s attention Exhibit 3/Tab 17. The information therein provides the original version of the ZBL that was passed by the Township’s Council. However, an additional change was made to the ZBL around October, 2021 which introduced and included a new residential zone RM4. It is this amended version which was incorporated into the ZBL that was appealed and resulted in this hearing. Mr. Treble opined that the settlement and the amendment thereof, which includes a new definition of “Dwelling, Townhouse”, that is consistent with the approvals and plans previously granted by the Township in respect of the Appellant’s application. Mr. Treble added that it will also remove any ambiguities that might otherwise arise at the site plan approval stage.
7Mr. Treble referred to the staff report (Exhibit 3/Tab 8) and opined that the agreed changes to the ZBL maintain the following;
a. Consistency with the Provincial Policy Statement 2020 (“PPS 2020”);
b. Conformity with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2019 as amended (“Growth Plan”); and
c. Conformity with the Regional Official Plan, 2014 (“ROP”).
8Mr. Treble further reviewed matters of provincial interest under s.2 of the Act. He reviewed subsections of s.2 (h, j, l and p) and opined that the proposed amendment to the ZBL has due regard for those provincial interests.
9The evidence of Mr. Treble was uncontroverted. Both parties further requested that the Tribunal allow the appeal in part and approve the amendment to the ZBL in principle.
10The Tribunal having regard for the information that was originally before the approval authority when it made its decision and having considered the uncontested expert opinion evidence of Mr. Treble finds that the settlement reached by the parties is fair and reasonable and that the ZBL amendment set out in Attachment 1 hereto is appropriate and has due regard for the matters of provincial interest, is consistent with PPS 2020, conforms with the Growth Plan and the ROP.
ORDER
11THE TRIBUNAL ORDERS that the appeal against By-law No. 2021-94 of the Township of West Lincoln is allowed in part and that By-law No. 2021-94 is hereby amended as set out in Attachment 1 to this Decision. In all other respects, the Tribunal orders that the appeal is dismissed.
“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.
ATTACHMENT 1