Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 26, 2023
CASE NO(S).: OLT-22-004106
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Drewlo Holdings Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: OPA/ZBA/SD to facilitate development of 1300 unit subdivision
Reference Number: OZ-9473
Property Address: 1140 Fanshawe Park Road E
Municipality/UT: London/Middlesex
OLT Case No.: OLT-22-004106
OLT Lead Case No.: OLT-22-004106
OLT Case Name: Drewlo Holdings Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Application to amend the Zoning By-law – Refusal of application
Description: OPA/ZBA/SD to facilitate development of 1300 unit subdivision
Reference Number: 39T-07502
Property Address: 1140 Fanshawe Park Road E
Municipality/UT: London/Middlesex
OLT Case No.: OLT-22-004107
OLT Lead Case No.: OLT-22-004106
OLT Case Name: Drewlo Holdings Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: OPA/ZBA/SD to facilitate development of 1300 unit subdivision
Property Address: 1140 Fanshawe Park Road E
Municipality/UT: London/Middlesex
OLT Case No.: OLT-22-004108
OLT Lead Case No.: OLT-22-004106
Heard: January 17, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Drewlo Holdings Inc.
A. Baroudi
City of London
A. Hovius
MEMBORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JANUARY 17, 2023 AND ORDER OF THE TRIBUNAL
Purpose
1This first Case Management Conference (“CMC”) was convened for appeals by Drewlo Holdings Inc. (“Drewlo”) to the City of London’s (“City”) refusal of applications for Official Plan Amendment (“OPA”) and Zoning By-law Amendment (“ZBA”) and to the absence of a decision by the City on Drewlo’s application for a draft Plan of Subdivision (“SUB”), all affecting lands at 1140 Fanshawe Park Road East, London (“site”).
Heard Together
2The Parties agreed and the Tribunal directed that these appeals will be “heard together” under Rule 16 of the Tribunal’s Rules of Practice and Procedure (“Rules”) given the appeals’ involvement with the same lands, but may entail effects on Party status and relevant issues arising from Bill 23, More Homes Built Faster Act, 2022 (“Bill 23”).
Requests for Status
3A few days prior to this CMC, the Upper Thames River Conservation Authority (“CA”) filed a request for Party status, to which Drewlo and the City requested, with consent of the CA, to address at a second CMC given the need to fully understand the implications of Bill 23 involving the reasons for the Party status request, and, under the Rules, whether the CA may be required to shelter under the statutory Parties’ issues for some of the appeals.
4The Tribunal deferred consideration of the CA’s request for Party status to the next CMC.
5With consent of the Parties, the Tribunal granted Participant status to two requestors: North Gren Land Corp, developer of the subdivision to the west of the site, in support of the appeals; and Henry and Blanche Komarek, neighbours to the site, in support of the appeals.
6The Tribunal was advised that a third request for Participant status may have been filed by Tridon Group, which, on consent of the Parties, the Tribunal deferred to the next CMC.
Mediation
7While developing and refining an Issues List (“IL”), the Parties agreed to remain open to the possibility of settlement or mediation, and are aware of the Tribunal’s service of coordinating mediation, if requested.
Procedural Order
8The Parties agreed that, under Drewlo’s coordination, they will draft a Procedural Order (“PO”) with a refined IL, including with the involvement of the CA where agreed by the Parties, with the goal of finalizing the PO at the next CMC.
9The Parties acknowledged that wetland evaluation requirements will be a key element of their discussions and IL.
Next CMC
10The next CMC is scheduled for 10:00 a.m. on Thursday, March 23, 2023 by video hearing. No further Notice will be given.
11Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections.
12The CMC is scheduled to proceed by video as follows:
https://global.gotomeeting.com/join/344779885
Access Code: 344 779 885
13Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
14Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
15Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
16The Tribunal Orders its directions and findings as set out above.
17The Tribunal further Orders Drewlo Holdings Inc. to advise the Tribunal Case Coordinator, Ben Bath, by Monday, March 20, 2023 on the outcome of:
- discussions for the Party status request of the Upper Thames River Conservation Authority; and
- the draft Procedural Order, noting any unresolved matters for the Issues List.
18This Member is not seized but may be contacted through the Case Coordinator should issues arise.
“S. Tousaw”
S. tousaw
VICE CHAIR
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.