Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 14, 2024
CASE NO(S).: OLT-23-000048, OLT-24-001034
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)
PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: Bartels Environmental Services Inc.
Subject: Permission under Planning Act, s. 45(2)(a)(ii)
Description: Appeal of Municipality of West Perth Committee of Adjustment decision refusing an application under Planning Act, s. 45(2)(a)(ii)
Reference Number: D13-A06-24
Property Address: 6903 Perth Line 34
Municipality/UT: West Perth/Perth
OLT Case No.: OLT-24-001034
OLT Lead Case No.: OLT-24-001034
OLT Case Name: Bartels Environmental Services Inc. v. West Perth (Municipality)
Heard: November 12, 2024 by telephone conference call
APPEARANCES:
Parties
Counsel
Bartels Environmental Services Inc.
A. Sadvari and P. Gross
Municipality of West Perth
S. McAnsh
Ashley and Jeffrey Kroonen
J. Goudy
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON NOVEMBER 12, 2024
1On November 12, 2024, the Tribunal convened a status update telephone conference call regarding the proceedings in Tribunal Case Nos. OLT-23-000048 and OLT-24-001034. The proceeding in Tribunal Case No. OLT-24-001034 arises from the refusal by the Municipality of West Perth (“Municipality”) of a Zoning By-law Amendment application and the failure of the Municipality to make a decision regarding a Site Plan Approval application made by Bartels Environmental Services Inc. (“Appellant”) in relation to the property located at 6903 Perth Line 34 in Dublin (“subject property”). The proceeding in Tribunal Case No. OLT-24-001034 arises from the refusal by the Municipality’s Committee of Adjustment of an application brought by the Appellant under s. 45(2)(a)(ii) of the Planning Act regarding whether the Appellant’s proposed use on the subject property is similar to the existing use, or is more compatible with the uses permitted by the applicable Zoning By-law than the purpose for which the subject property was used on the day the Zoning By-law was passed.
2The hearing on the merits of the appeal in Tribunal Case No. OLT-23-000048 was previously scheduled to commence on November 25, 2024. Twelve days had been set aside.
3There have been two Case Management Conferences (“CMCs”) held in Tribunal Case No. OLT-23-000048. The first CMC in Tribunal Case No. OLT-23-001034 is scheduled to be held on Friday, November 22, 2024.
4Prior to the status update call, the Appellant brought a motion to have the proceedings heard together or, in the alternative, consolidated. The Municipality opposes the motion. It, in turn, seeks to bring a motion challenging the Tribunal’s jurisdiction to address certain issues regarding legal non-conforming uses in these proceedings.
5At the status update call, the Tribunal directed that a further CMC will be held in Tribunal Case No. OLT-23-000048 at the same time as the CMC that is scheduled to be held for Tribunal Case No. OLT-24-001034 on Friday, November 22, 2024.
6The Tribunal directed that the Appellant’s motion to have the hearings heard together or consolidated will be held at the CMC on Friday, November 22, 2024. The Responding Parties are expected to respond to the motion by Friday, November 15, 2024. The Appellant is to serve and file any Reply materials by Tuesday, November 19, 2024.
7The Tribunal directed that the Municipality serve and file its Motion challenging the Tribunal’s jurisdiction by Wednesday, November 13, 2024 and that the Responding Parties serve and file their Responding materials to the motion by Friday, November 15, 2024. The Municipality is to serve and file any Reply materials by Tuesday, November 19, 2024.
8Given the timing of the motions, the Tribunal adjourned the hearing of the merits of the appeal in Tribunal Case No. OLT-23-000048. The hearing in that proceeding will now commence on Monday, January 13, 2025 at 10 am. Ten days have been set aside. The 12-day hearing that was set to commence on November 25, 2024 is cancelled.
9For the CMC to be held on Friday, November 22, 2024, Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
10Persons 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: 660-145-013.
11For the hearing on merits, which is scheduled to commence on Monday, January 13, 2025 at 10 am, Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/692665589
Access Code: 692-665-589
12Parties 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.
13Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll Free: 1-888-299-1889. The access code is: 692-665-589.
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 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.
15There will be no further notice and this Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
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.