Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 22, 2023
CASE NO(S).: OLT-23-000360
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Chris Donegan Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a development of 43 single detached dwellings and a block for a 10 to 21-unit apartment building Reference Number: ZB02-2022 Property Address: 3852 Ganaraska Road Municipality/UT: Port Hope/Northumberland OLT Case No: OLT-23-000360 OLT Lead Case No: OLT-23-000360 OLT Case Name: Snowy Owl Woods Holdings Inc. v. Port Hope (Municipality)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Chris Donegan Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a development of 43 single detached dwellings and a block for a 10 to 21-unit apartment building Reference Number: SU01-2022 Property Address: 3852 Ganaraska Road Municipality/UT: Port Hope/Northumberland OLT Case No: OLT-23-000361 OLT Lead Case No: OLT-23-000360
Heard: August 11, 2023 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Port Hope | Nima Chooback, Jennifer Savini (in absentia) |
| Snowy Owl Woods Holdings Inc. (aka Mistral Land Development Inc.) | Jessica Jakubowski, Katarzyna Sliwa (in absentia), Isaiah Banach (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY D.S. COLBOURNE ON AUGUST 11, 2023 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) for this matter.
2This is an appeal by the developer against Council’s refusal to approve a draft plan of subdivision and the necessary implementing by-law.
3The parties have been meeting and are preparing the Procedural Order and the Issues list. These documents are to be provided to the Tribunal two weeks from today.
4The list of individuals requesting participant status was reviewed and neither party had any objections to the following:
- Bill and Carol Ann Moore Ede
- Christiane Husemann
- Christopher Sanderson
- Edward Garland
- Eveline Frair
- Gillian Devereaux
- Glenn Deeth
- Greg Burns
- Jane Zednik
- Kevin Killin
- Loriann and John Sharp
- Richard Yoshida
- Rob Quartly
- Sandra Vervoort
- Skeda O’Bonsawin
- Steve Kahn and Holly Blefgen
- Susan Connors
- Timothy Kehoe
- Marian Martin had not filed her request for status because of medical reasons.
5The Tribunal orally granted participant status to those foregoing individuals.
6The parties requested a second CMC and the date set for this is Thursday, November 30, 2023.
7Parties 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:
https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
8Parties 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
9Persons 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: +1 (647) 497-9391 or Toll Free 1-888-455-1389. The access code is 909-787-981.
10Individuals 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.
11They also requested the hearing dates be set.
12The hearing is set for Monday, June 3, 2024 for ten (10) days.
13Parties 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:
https://meet.goto.com/348282861
Access code: 348-282-861
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
15Persons 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: +1 (647) 497-9373 or Toll Free 1-888-299-1889. The access code is 348-282-861.
16Individuals 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.
17There will be no further notice.
“D.S. Colbourne”
D.S. COLBOURNE 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.