Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 26, 2023
CASE NO(S).: OLT-23-000134
PROCEEDING COMMENCED UNDER subsection 38(4.1) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Amar Group of Developments Limited
Appellant: Valleywood Resident Association
Subject: Interim Control By-law 2021-092
Description: To extend the Interim Control By-law in Bolton and Mayfield West for a further year to allow staff to complete the Major Transit Station Area Land Use Study
Reference Number: RZ-2021-0018
Property Address: Various Locations
Municipality: Town of Caledon
OLT Case No.: OLT-23-000134
OLT Lead Case No.: OLT-23-000134
OLT Case Name: Amar Group of Developments Limited v. Caledon (Town)
Heard: June 21, 2023 by video hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Amar Group of Developments Limited | M. Cara* |
| Valleywood Resident Association | R. Harrison |
| Town of Caledon | M. Rubin* |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JUNE 21, 2023 AND ORDER OF THE TRIBUNAL
1This first Case Management Conference (“CMC”) was held for two appeals filed against Interim Control By-law 2022-086 passed by the Town of Caledon (“Town”) to extend for 12 months the time that Interim Control By-law 2021-092 remains in effect (together, the “ICBL”).
2The ICBL affects two separate areas within the Town, being within Bolton and Mayfield West, to prohibit further development while the Town completes land use studies and possible amendments to its planning documents related to transit planning.
3No issues were raised regarding Notice of this CMC and the Tribunal marked the City’s Affidavit as Exhibit 1.
4With consent of the Parties, the Tribunal granted Participant status to Aaron Wisson, as represented by Karen Bennett, Registered Professional Planner, on behalf of the Caledon Community Partners, being a group of landowners who are advancing a secondary plan near and including parts of the ICBL area.
5Amar Group of Developments Limited (“Amar”) owns lands in Bolton, partly within and partly outside the ICBL area, for which it filed a site plan application with the Town before the original ICBL was passed. Amar and the Town have reached a settlement to enable Amar’s development to proceed.
6With consent of the Parties, the Tribunal directed Amar and the Town to advise the Case Coordinator in due course when they wish a written settlement hearing to be scheduled (anticipated to be early fall) for which they will file the request, supporting affidavit, and draft ICBL five days before the written hearing as scheduled by the Tribunal’s Calendar.
7The Valleywood Resident Association (“Valleywood”), an incorporated entity, appealed the ICBL primarily on the basis of its concerns for the process and outcome of transportation decisions involving provincial highways in the Mayfield West area. Valleywood is concerned with the location and design of provincial highway corridors and interchanges and their potential effects on the community. When questioned by the Tribunal, Valleywood advised that it may not have issues directly with the ICBL, subject to further consideration, but wishes to fully understand and ensure that it can be heard on its transportation concerns.
8The City advised that it considers Valleywood’s appeal misplaced, that provincial highways are not the Town’s purview, and the ICBL extension will enable the Town to complete necessary studies related to transit.
9The Tribunal questioned the validity of Valleywood’s appeal to the ICBL extension and directed Valleywood and the Town to discuss the appeal further, potentially leading to a withdrawal of the appeal. Should Valleywood choose to continue with its appeal, the Town will consider filing a motion to dismiss. Although not raised at the CMC, the Tribunal hereby directs the Town and Valleywood to advise the Case Coordinator on the status of the appeal by Wednesday, July 19, 2023.
10No further CMC is scheduled at this time. Should a CMC be felt necessary, the Parties may request same for the Tribunal’s consideration, and if scheduled, the Parties will be advised by the Case Coordinator, but no further formal notice will be given.
ORDER
11The Tribunal Orders its directions as set out above.
12This Member may be consulted via the Case Coordinator should procedural issues arise.
“S. Tousaw”
S. tousaw
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.