Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 12, 2023
CASE NO(S).: OLT-23-000579
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended.
Appellant
Rori-Jayne McCaw
Applicant
1413506 Ontario Ltd.
Subject:
Zoning By-law No. 90-2023
Description:
48-unit residential development
Reference Number:
D-14 WH/13/23/O
Property Address:
Part of Lots 17, 20, 28 and 38, Lots 21-27, Lots 29-37, Part of Wigle Street, Part of Coatsworth Street, Part of Fox Street and Part of Lanes, Registered Plan 185
Municipality/UT:
Chatham-Kent/Chatham-Kent
OLT Case No:
OLT-23-000579
OLT Lead Case No:
OLT-23-000579
OLT Case Name:
McCaw v. Chatham Kent
Heard:
September 25, 2023 in-person hearing
APPEARANCES:
Parties
Counsel*/Representative
Rori-Jayne McCaw
Self-represented
Municipality of Chatham-Kent
Jonathan Sinopoli*
1413506 Ontario Ltd.
Simon Yared* in absentia Robert Brown
MEMORANDUM OF ORAL DECISION DELIVERED BY W. DANIEL BEST ON SEPTEMBER 25, 2023 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference (“CMC”) was conducted for the Appeal by Rori-Jayne McCaw (“Appellant”) of the approval of the Municipality of Chatham-Kent (“Municipality”) following an application for a Zoning By-law Amendment (“ZBA”) to permit the proposed development on the property located on Middleton Line, Community of Wheatley, in Part of Lots 17, 20, 28 and 38, Lots 21-27, Lots 29-37, Part of Wigle Street, Part of Coatsworth Street, Part of Fox Street and Part of Lanes, Registered Plan 185, known as Roll No. 3650 010 001 76400, in the Community of Wheatley, Municipality of Chatham-Kent (“Subject Lands”).
2The Subject Lands are located on the north side of Middleton Line, between Harbour Road and Klondyke Road, in the Community of Wheatley. The lands are approximately 4.2 hectares (“ha”) (10.4 ac.) in area and are currently vacant.
3Prior to the application, the Subject Lands were designated Residential Area in the Municipality of Chatham-Kent Official Plan (“CKOP”) and zoned Deferred Development (D) under the Municipality’s Comprehensive Zoning By-law No.216-2009 (“ZBL or Zoning By-law”).
4The ZBA rezoned the Subject Lands from Deferred Development to a site-specific Residential Low-Density Third (RL3-1663) and Open Space (OS1) zones, to permit the development of 48 residential lots for single detached dwellings and/or semi-detached dwelling units, parkland, a stormwater management pond, three public roads, and a future pedestrian connection to a trail.
5The Tribunal recognized that the Appellant, as a self-represented Party, may not be familiar with the procedures of the Tribunal. To assist the Appellant, the Tribunal reviewed Rule 8 of the Tribunal’s Rules of Practice and Procedure (“Rules”) regarding the roles and obligations of a party. The Tribunal explained the difference between a party and a participant.
6The Tribunal was advised that the Appellant may not seek legal counsel. Presently, the Appellant has not finalized a decision regarding expert witnesses.
7The Tribunal advised the Parties that Tribunal decisions are based on objective evidence provided by expert witnesses, reports or studies that can be tested. The Tribunal encouraged the Appellant to obtain clarity on the Rules, the duties and obligations of a Party and consult or seek legal counsel.
8The Affidavit of Service sworn on September 5, 2023, affirming compliance with respect to the Directions as to service of the Notice of this CMC is marked as Exhibit 1. No further notice is required.
9No requests for Party status were received.
10One request for Participant status was received by James Cunningham and is marked as Exhibit 2 to this CMC. There were no objections from the parties to the request for Participant status. The Tribunal finds that the request is reasonable and appropriate. Accordingly, Participant status is granted to James Cunningham.
11The Appellant advised that she is not opposed to the development itself but is focused on traffic safety concerns arising from the development, particularly on Middleton Line. The Appellant acknowledged there has not been a great deal of discussions with the Municipality but is amenable to exploring mediation.
12The Municipality advised that it was awaiting receipt of a Procedural Order (“PO”) and Issues List (“IL”). The Municipality also advised that there may not be an issue to appeal if the Appellant does not have concerns with the proposed development. The Municipality advised it would be agreeable to exploring a potential settlement.
13The Representative for the Applicant acknowledged there should have been more discussion amongst the Parties. Although there has been no direction from the Applicant, the Representative advised he will take back to the Applicant’s counsel the possibility of engaging in settlement discussions.
14The Appellant was advised of her obligations respecting the PO and IL.
15The Parties were reminded of the availability of Tribunal-assisted mediation and are further reminded that they may reach out to the Case Coordinator for assistance, should they wish to avail themselves of this resource in the future.
16The Tribunal directed that a PO and scoped IL on consent, be submitted to the Case Coordinator no later than Wednesday, November 15, 2023. This will allow the Parties time to initiate discussions and explore options.
17The Tribunal determined that no further hearing date be set and that the Parties follow up with the Case Coordinator once a path forward has been determined.
ORDER
18THE TRIBUNAL ORDERS the directions contained in this Decision.
19There will be no further notice.
20The Member is not seized and may be spoken to through the Tribunal’s Case Coordinator if there are any issues with respect to the implementation of this Order.
“W. Daniel Best”
W. DANIEL BEST
MEMBER
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.