Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 10, 2024
CASE NO(S).: OLT-24-000228
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Brock Development Group Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit rezoning from Agricultural Zone to Agricultural Special Provision for the construction of a single detached dwelling.
Reference Number: Z-9673
Property Address: 2598 - 2624 Woodhull Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-24-000228
OLT Lead Case No.: OLT-24-000228
OLT Case Name: Brock Development Group Inc. v. London (City)
Heard: June 12, 2024 by video hearing
APPEARANCES:
Parties Counsel
Brock Development Group Inc. Analee Baroudi
City of London Aynsley Hovius Christina McCreery
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON JUNE 12, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the Appeals of the refusal of the City of London (“City”) to approve an application to amend the Zoning By-Law (“ZBLA”) for the property known municipally as 2598-2624 Woodhull Road in the City of London (“Subject Land”).
2The purpose of the application is to rezone both parcels due to a consent application allowing a lot line adjustment for the construction of a single detached dwelling on 2624 Woodhull Road, an existing vacant lot. The proposed ZBLA, submitted on April 17, 2023, aims to permit a single detached dwelling on the Subject Land, transitioning it from an Agricultural (AG2) Zone to an Agricultural Special Provision (AG2()) Zone at 2598 Woodhull Road and an Agricultural Special Provision (AG2()) Zone at 2624 Woodhull Road.
3The requested special provisions are necessary to accommodate the development of the proposed single detached dwelling, which will be oriented towards and accessed from Woodhull Road. The existing dwelling at 2598 Woodhull Road and the rear portion of the land zoned as Open Space (OS4) will remain unchanged. The Application was considered complete on November 6, 2023, with the current land use being a single detached dwelling and vacant.
4Despite the favorable stance of the Staff Report, the Planning and Environment Committee decided to reject the application for the Proposed ZBA citing proximity to significant woodland and non-compliance with City of London Environmental Management Guidelines. City Council subsequently upheld this decision, refusing the application at a meeting on January 23, 2024, with a Notice of Refusal issued on February 2, 2024, citing the same reasons for denial.
5The purpose of the CMC was to receive status updates from all Parties to organize the hearing of these appeals.
6The Tribunal was in receipt of the Affidavit of Service sworn by Christina McCreery on May 7, 2024, marked as Exhibit 1.
STATUS REQUESTS
7The Tribunal was presented with three status requests.
- Richard & Nancy Inculet
- Kevin & Diane Gowanlock
- Thames Talbot Land Trust
8There were no objections to the status requests. The Tribunal granted Participant status to all requestors.
NEXT STEPS
9The Tribunal heard that the Parties are seeking a five (5)-day hearing.
10The Tribunal hereby schedules a hearing of these appeals commencing on Monday, November 4, 2024 at 10 a.m. Five (5) days have been set aside.
11Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
12Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
13Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (toll-free) 1-888-299-1889. The access code is: 656-004-293.
14Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
15The Procedural Order attached as Schedule A is approved and shall govern the conduct of this proceeding.
16No further notice will be given
17The Member is not seized.
“Carmine Tucci”
CARMINE TUCCI
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.
SCHEDULE A
CASE NO(S).: OLT-24-000228
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Brock Development Group Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit rezoning from Agricultural Zone to Agricultural Special Provision for the construction of a single detached dwelling.
Reference Number: Z-9673
Property Address: 2598 - 2624 Woodhull Road
Municipality/UT: London/Middlesex
OLT Case No.: OLT-24-000228
OLT Lead Case No.: OLT-24-000228
OLT Case Name: Brock Development Group Inc. v. London (City)
PROCEDURAL ORDER
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
The video hearing will begin on November 4 at 10:00 a.m.
The parties’ initial estimation for the length of the hearing is 5 days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1.
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before August 9, 2024 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before August 23, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Updated Issues List with the OLT case co-ordinator on or before September 6, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before September 27, 2024, the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before September 27, 2024, a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before September 27, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
On or before October 4, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before October 4, 2024 with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence on or before October 18, 2024 in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before October 25, 2024.
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is [not] seized.
So orders the Tribunal.
Attachment 1 – List of Parties and Participants
Parties
Brock Developments Group Inc. (Appellant/Applicant)
City of London
Participants
Richard and Nancy Inculet
Kevin and Diane Gowanlock
Daria Koscinski
Attachment 2 – Issues List
Is the proposed ZBA consistent with the following sections of the Provincial Policy Statement 2020: Vision and Goals 1.1.1, 1.1.4.1, 1.1.5, 2.1.1, 2.1.2, 2.1.5, 2.1.8 and 2.31
Does the proposed ZBA conform to the following policies of the London Plan:
Evaluation Criteria – 1318 (EMG), 1577-1579,
Land Use - 1704_10, 759, 1315, 1179, 1180, 1190, 1193,
Intensity –1213_1(MDS), 1215_2, 1215_3 (MDS)
Form – 1216, 193_2
Natural Heritage – 759, 761_7, 1323-1324 (fish habitat), 1325-1329 (Habitat of Endangered or threatened species), 1337-1343 (Sig. Woodlands), 1344-1352 (Sig. Valleylands), 1352-1355 (Significant Wildlife Habitat), 1361-1366 (Water Resource Systems) 1367-1371 (ESA), 1382 (Adjacent lands), 1387 (Drainage feature), 1392-1393 (Development), 1412-1416 (Buffers),1431-1433 (EIS), Table 13 (Area requiring EIS), 1577-1579, Map 5MDS 1773_, 1774_, 1775_, 1776_, 1777_
- Have the City’s Environmental Management Guidelines been properly applied?
*the presence of a policy on the issues list is not an admission by a party that the policy is applicable
Attachment 3 – Order of Evidence
Brock Developments Group Inc. (Appellant/Applicant)
City of London
Attachment 4 - Table of Deadlines
Item
Date
Witness Lists
August 9, 2024
Experts Meetings
August 23, 2024
ASF and Updated Issues List
September 6, 2024
Witness Statements, Visual Evidence, and Participant Statements
September 27, 2024
Hearing Plan and advise Tribunal if all hearing days are required
October 4, 2024
Reply Evidence
October 18, 2024
Joint Document Book
October 25