Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 12, 2023
CASE NO(S).: OLT-21-001392
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Jannett Nicholson, Richard Nicholson, and 2683894 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 30 townhouse condominium units
Reference Number: RZ 2021-0001
Property Address: 18314, 18309 Hurontario Street
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-21-001392
OLT Lead Case No.: OLT-21-001392
OLT Case Name: Nicolson v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Jannett Nicholson, Richard Nicholson, and 2683894 Ontario Inc.
Subject: Site Plan
Description: To permit the development of 30 townhouse condominium units
Reference Number: SPA 2021-0001
Property Address: 18314, 18309 Hurontario Street
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-21-001394
OLT Lead Case No.: OLT-21-001392
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Jannett Nicholson, Richard Nicholson, and 2683894 Ontario Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 30 townhouse condominium units
Reference Number: 21CDM-21001C
Property Address: 18314, 18309 Hurontario Street
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-21-001395
OLT Lead Case No.: OLT-21-001392
Heard: April 26, 2023 by video conference
APPEARANCES:
Parties Jannett and Richard Nicholson and 2683894 Ontario Inc. Town of Caledon
Counsel Steven Ferri Raj Kehar Chantal Deserevilles (in absentia)
DECISION DELIVERED BY G.A. CROSER AND S. BOBKA AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1This Settlement Hearing arose from the appeals of applications submitted by Jannett and Richard Nicholson and 2683894 Ontario Inc. (collectively the “Applicants”) to the Town of Caledon (“Town”) to facilitate development on the lands known municipally as 18309 and 18314 Hurontario Street (the “Subject Lands”).
2The Applicants filed a Zoning By-law Amendment (“ZBA”), Draft Plan of Condominium (“Draft Plan”), and Site Plan Approval (“Site Plan”) with the Town to construct a townhouse development located in Caledon Village (“Village”) which is located within the Town and in the Regional Municipality of Peel (“Region of Peel”).
3The Town failed to make a decision in the required time period. While a fifteen-day Merit Hearing was originally scheduled for this file, after a significant and commendable effort by the Parties, the Tribunal was informed that a settlement had been reached and would be presented to the Tribunal for consideration.
PROPOSED SETTLEMENT
4Briefly summarized, the Draft Instruments attached to this Decision as Attachments 1, 2, and 3, facilitate the proposed