Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 17, 2023
CASE NO(S).: OLT-22-003362 (Formerly PL190422)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aspen Garden Bowmanville Ltd
Subject: Application to amend Zoning By-law No. 84-63- Refusal or neglect of Town of Clarington to make a decision
Description: To permit the construction of a 136-unit residential subdivision
Reference Number: ZBA2018-0027
Property Address: Lot 17, Concession 1
Municipality/UT: Municipality of Clarington
OLT Case No.: OLT-22-003362
Legacy Case No.: PL190422
OLT Lead Case No.: OLT-22-003362
Legacy Lead Case No.: PL190422
OLT Case Name: Aspen Garden Bowmanville Ltd. v. Clarington (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aspen Garden Bowmanville Ltd
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the construction of a 136-unit residential subdivision
Reference Number: S-C 2018-0001
Property Address: Lot 17, Concession 1
Municipality/UT: Municipality of Clarington
OLT Case No.: OLT-22-003363
Legacy Case No.: PL190423
OLT Lead Case No.: OLT-22-003362
Legacy Lead Case No.: PL190422
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Aspen Garden Bowmanville Ltd.
Subject: Site Plan
Description: To permit the construction of a 136-unit residential subdivision
Reference Number: SPA 2019-0005
Property Address: Lot 17, Concession 1
Municipality/UT: Municipality of Clarington
OLT Case No.: OLT-22-003364
Legacy Case No.: PL190424
OLT Lead Case No.: OLT-22-003362
Legacy Lead Case No.: PL190422
Heard: September 25, 2023 by video hearing
APPEARANCES:
Parties
Counsel
Aspen Garden Bowmanville Ltd.
Evan Barz Chris Barnett (in absentia)
Municipality of Clarington
Robert Woon (as agent) Robert Maciver (in absentia)
Region of Durham
Robert Woon
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT AND F. LAVOIE ON september 25, 2023 AND ORDER OF THE TRIBUNAL
1This Decision and Order arises from the second Case Management Conference (“CMC”) held regarding an appeal filed by Aspen Garden Bowmanville Ltd. (the “Appellant”) pursuant to sections 34(11), 51(34), and 41(12) of the Planning Act, R.S.O. 1990, c. P.13, in respect of the failure by Council for the Municipality of Clarington (the “Municipality”) to make a decision on the Appellant’s revised applications for Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan Control to create 113 residential units on the Appellant’s property legally described as Lot 17, Concession 1 (the “Property”).
2The Tribunal was in receipt of a Party Status request by Bowmanville Village Inc. (“BVI”) at the CMC. BVI is the owner of a parcel adjacent to the Appellant’s property and seeks Party Status in order to secure the inclusion of a condition in the consideration of the Appellant’s Draft Plan of Subdivision that BVI, which both bore the costs and front ended the installation of servicing to the lands subject of this proceeding be, reimbursed for same. BVI submits it is owed these costs pursuant to a Cost Sharing Agreement it entered with the Appellant.
3The Tribunal reserves its decision on whether to grant Party Status to BVI until the upcoming CMC, to provide the Parties with the opportunity to continue discussions on the cost sharing issue. Should the issue not be resolved prior to the scheduled CMC, the Parties are directed to file written submissions outlining the explicit jurisdiction of the Tribunal when asked to entertain such requests from non statutory parties.
4The Parties were tasked with preparing a draft Procedural Order (“PO”) and Issues List to be considered at the upcoming CMC scheduled for Friday, December 1, 2023.
5The Parties were also directed with addressing whether the 2020 Provincial Policy Statement (the “PPS”) or the 2014 PPS would apply to the appeal, considering the revised application was submitted after the enactment of the 2020 PPS.
6The Tribunal scheduled a third CMC Video Hearing for Friday, December 1, 2023 at 10 a.m.
7Parties 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/927921077
Access Code: 927-921-077
8Parties 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: (Toll Free) 1-888-299-1889 or +1 (647) 497-9391. The access code is as indicated above.
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 Video Hearing 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.
ORDER
11THE TRIBUNAL ORDERS the Parties to prepare a draft PO, complete with Issues List, with an update to be filed with the Tribunal no later than one week prior to its consideration at the proceeding scheduled for Friday, December 1, 2023 at 10 a.m.
12This Panel is not seized.
“S. Vincent”
s. Vincent
VICE-ChAIR
“F. Lavoie”
F. LAVOIE
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 is deemed to be a reference to the Tribunal.