Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 28, 2023
CASE NO(S).: OLT-22-003899
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Douglas Reid
Applicant: Upper Canada Stone
Subject: Proposed Official Plan Amendment
Description: To amend the Official Plan designation of the subject lands from the Rural and Waterfront designation to the Extractive (Active) designation to permit the establishment of a Class A Category 4 quarry
Reference Number: OPA 3
Property Address: 6 Scotch Settlement Road
Municipality: Township of Madoc
OLT Case No: OLT-22-003899
OLT Case Name: Reid v. Hastings (County)
Heard: February 13, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Upper Canada Stone
John Ewart
Douglas Reid
Spencer Putnam
County of Hastings
Jennifer Savini
MEMORANDUM OF ORAL DECISION DELIVERED BY M.A. SILLS ON FEBRUARY 13, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an appeal brought by Douglas Reid (“Appellant”) from the approval of an amendment to the County of Hastings Official Plan (“OPA 3”) for the property owned by Upper Canada Stone (“Applicant”) and described as part of Lot 10, Concession 4, Township of Madoc in the County of Hastings, and known municipally as 6 Scotch Settlement Road in the Township of Madoc (“subject lands/Site”).
2The purpose and effect of OPA 3 is to amend the County of Hastings Official Plan (“COP”) designation of the subject property from Rural and Waterfront to Extractive (Active) to permit the establishment of a “Class A, Category 4 - Above Water quarry under the Aggregate Resources Act. The proposed licensed area is approximately 22.63 hectares in size.
3The Tribunal did not receive any Requests for Party or Participant Status in advance of, nor at, the CMC.
4The parties advised the Tribunal that they intend to call witnesses with expertise in land use planning, acoustics and topography and are in the process of obtaining the associated studies, which they expect to be completed within the next two to three months.
5Given the limited number and the scope of issues to be raised, and witnesses to be called at the hearing, the Tribunal determined that a full Procedural Order will not be required. However, the Tribunal will expect the parties to confer on a timeframe for the exchange of documents to be used at the hearing and the number of days that will be required for the hearing.
6At the request of the parties, a second CMC was scheduled for May 23, 2023, but later adjourned at the request of the parties to allow for settlement discussions.
7The Tribunal has now scheduled and provided Notice to the parties of a second CMC to be held by video hearing on July 28, 2023, at 10 a.m.
8Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
9Parties 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
10Persons 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 709-076-365.
11Individuals 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.
12This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.