Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 07, 2023
CASE NO(S).: OLT-23-000048
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bartels Environmental Services Inc.
Subject: Zoning Bylaw Amendment
Description: To permit a biosolid storage facility on the subject property
Property Address: 6903 Perth Line 34
Municipality/UT: West Perth/Perth
Municipal File No.: D14-16-21
OLT Case No.: OLT-23-000048
OLT Lead Case No.: OLT-23-000048
OLT Case Name: Bartels Environmental Services Inc. v. West Perth (Municipality)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bartels Environmental Services Inc.
Subject: Site Plan
Description: To permit a biosolid storage facility on the subject property
Property Address: 6903 Perth Line 34
Municipality/UT: West Perth/Perth
Municipal File No.: D11-06-21
OLT Case No.: OLT-23-000049
OLT Lead Case No.: OLT-23-000048
OLT Case Name: Bartels Environmental Services Inc. v. West Perth (Municipality)
Heard: July 13, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Bartels Environmental Services Inc.
Ashley and Jeffrey Kroonen
Alexandra Sadvari
John Goudy
Municipality of West Perth
Scott McAnsh and Joe Jebreen
MEMORANDUM OF ORAL DECISION DELIVERED BY JATINDER BHULLAR ON JULY 13, 2023 AND ORDER OF THE TRIBUNAL
1This is the first Case Management Conference (CMC) regarding two appeals made by Bartels Environmental Services Inc. (Applicant/Appellant). These appeals relate to Applicant/Appellant properties known municipally as 6903 Perth Line 34 in the Municipality of West Perth (“Subject Site”).
2The Affidavit of Service for the Notice of this first CMC made by Stephanie Marie Joisten and sworn on June 12, 2023 was determined by the Tribunal to have been duly processed and marked as Exhibit 1 for the record.
PARTY
3There was one request for the grant of Party status made by Ashley and Jeffrey Kroonen. They submitted that they are owners of a property directly abutting the Subject Lands and have a legitimate interest in the appeal, and submit that their participation as Parties in the proceeding is necessary for the Tribunal to decide the appeal matter effectively and completely. They added that the outcome of the Appeal will impact current and future potential use of the Kroonens' property for agricultural and future development purposes and will be adversely affected by the Appellant's proposed conversion of the Subject Lands to a waste storage lagoon for biosolids and digestate.
4The Tribunal, based on the information provided and consent of the Parties, granted Party status to Ashley and Jeffrey Kroonen.
UPDATES
5The Tribunal was informed jointly by the statutory parties that they have been engaged in without-prejudice discussions regarding the matter. They requested that the Parties be allowed the opportunity to continue the same for the next six months. They undertook to update the Tribunal regarding any developments regarding resolution or other actions undertaken to process the matters under Appeal.
6The Parties jointly requested that the Tribunal set up a second CMC in six months to set up future Hearing if such is needed.
7Based on the information and submissions received at this CMC, the Tribunal directs that a second CMC be conducted and sets it as a video conference to commence at 10 a.m. on Wednesday, January 10, 2024.
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:
https://global.gotomeeting.com/join/687587165
Access code: 687-587-165
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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. The access code is: 687-587-165.
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 and there will be no further notice.
13The directions in this decision are so Ordered.
“Jatinder Bhullar”
JATINDER BHULLAR
MEMBER
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.