Township of Springwater v. Springwater (Township), 2023 CanLII 58601

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: June 27, 2023

CASE NO.: OLT-21-001960

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Township of Springwater

Applicant: John Kapteyn

Owner: Nick and Lynda Van Casteren

Subject: Consent

Reference Number: B17/21

Property Address: 3088 Horseshoe Valley Road

Municipality/UT: Springwater/Simcoe

OLT Case No: OLT-21-001960

OLT Case Name: Township of Springwater v. Springwater (Township)

BEFORE:

MICHAEL KRALJEVIC CHAIR

Tuesday, the 27th day of June, 2023

THIS IS A MATTER of the appeal filed by the Township of Springwater (“Appellant”), under subsection 53(19) of the Planning Act, of the Township of Springwater (“Township”) Committee of Adjustment’s approval of consent applications for severance;

AND WHEREAS THE TRIBUNAL issued its Decision on March 21, 2023.

AND WHEREAS the Appellant filed a request for review (“Request”), pursuant to s. 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure (“Rules”), that seeks to review and reconsider the Decision;

AND WHEREAS THE CHAIR after having reviewed the Request, determined that the Request meets the threshold established under Rule 25.7 to warrant a review to set aside the Decision for the reasons set out in his letter of disposition dated June 20, 2023.

ACCORDINGLY, THE TRIBUNAL HEREBY ORDERS that:

The Decision issued on March 21, 2023 is hereby set aside and rescinded.
The Appeal in this matter will be re-heard by a differently constituted panel of the Tribunal in accordance with the Chair’s letter of disposition.

All of which are ordered pursuant to my authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure.

“Euken Lui”

EUKEN LUI 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.