Friends of South Shore (FOSS) v. Prince Edward (County)
ISSUE DATE: May 23, 2023
CASE NO.: OLT-21-001101
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Friends of South Shore (FOSS)
Subject: Proposed Official Plan Amendment OPA2- 2018
Purpose: To permit a 337-unit park model trailer site on a 38.6 hectare parcel of land along the shore of Soup Harbour
Property Address/Description: 558 Wellbanks Road
Municipality: Prince Edward County
OLT Lead Case No.: OLT-21-001101
OLT Case No.: OLT-21-001101
OLT Case Name: Friends of South Shore (FOSS) v. Prince Edward (County)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Friends of South Shore (FOSS)
Subject: By-law No. Z25-18
Property Address/Description: 558 Wellbanks Road
Municipality: Prince Edward County
OLT Lead Case No.: OLT-21-001101
OLT Case No.: OLT-21-001102
PROCEEDING COMMENCED UNDER subsection 10(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Fourward Holdings Inc.
Request for: Request for Directions
D. CHIPMAN
MEMBER
Tuesday, the 23rd day of May, 2023
THIS MATTER having been scheduled for a 14-day hearing commencing on November 22, 2022;
AND THE TRIBUNAL having been advised of a settlement reached between the Applicant, Fourward Holdings Inc., and the Appellant, Friends of South Shore, which settlement was subsequently endorsed by Council for Prince Edward County on January 10, 2023;
AND THE TRIBUNAL having been advised of Friends of South Shores’ withdrawal of its appeal in Tribunal Case No. OLT-21-001101 concerning Proposed Official Plan Amendment OPA2-2018 (referred to in this matter as “OPA 76”);
AND THE TRIBUNAL having heard the evidence of Ruth Ferguson Aulthouse, MCIP, RPP whom the Tribunal accepted as an expert qualified to give opinion evidence in the field of land use planning, on behalf of Fourward Holdings Inc.;
AND THE TRIBUNAL having heard the evidence of Mike Crough MCIP, RPP and Matthew Coffey, MCIP, RPP, each of whom the Tribunal accepted as an expert qualified to give opinion evidence in the field of land use planning, on behalf of Prince Edward County;
THE TRIBUNAL ORDERS THAT:
The appeal in Tribunal Case No. OLT-21-001101 having been withdrawn, OPA 76 is in force and effect pursuant to subsection 17(30(b)) of the Planning Act.
The appeal filed by Friends of South Shore in OLT Case No. OLT-21-001102 in respect of Zoning By-law Amendment 87-2021 is allowed, in part.
With the consent of the parties, the version of the Zoning By-law Amendment attached as Schedule “B” to the Tribunal’s Decision issued on January 3, 2023, is approved.
No costs shall be awarded in respect of this Order.
The Tribunal may be spoken to concerning issues arising from the implementation of this Order.
“Euken Lui”
Euken Lui
ACTING REGISTRAR
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.