Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 27, 2024
CASE NO(S).: OLT-22-003603, OLT-23-000494
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Solmar (Niagara 2) Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a residential subdivision
Reference Number: OPA-02-2020
Property Address: 200 John Street E. and 588 Charlotte Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No.: OLT-22-003603
OLT Lead Case No.: OLT-22-003603
OLT Case Name: Solmar (Niagara 2) Inc. v. Niagara-on-the-Lake (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a residential subdivision
Reference Number: ZBA-11-2020
Property Address: 200 John Street E. and 588 Charlotte Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No.: OLT-22-003604
OLT Lead Case No.: OLT-22-003603
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Subject: Proposed Plan of Subdivision– Failure of Approval Authority to make a decision
Description: To permit the development of a residential subdivision
Reference Number: 26T-18-20-01
Property Address: 200 John Street E. and 588 Charlotte Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No.: OLT-22-003605
OLT Lead Case No.: OLT-22-003603
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Applicant/Appellant: Solmar (Niagara 2) Inc.
Subject: Appeal of the Decision of Council on an application to demolish or remove a building or structure
Description: To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number: HER-015-2022
Property Address: 200 John Street E.
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No.: OLT-23-000494
OLT Lead Case No.: OLT-23-000494
OLT Case Name: Solmar (Niagara 2) Inc. v. Niagara-on-the-Lake (Town)
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant: Solmar (Niagara 2) Inc.
Subject: Appeal of the Decision of Council on an application for the alteration of a designated property
Description: To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number: HER-015-2022
Property Address: 200 John Street E.
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No.: OLT-23-000495
OLT Lead Case No.: OLT-23-000494
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant: Solmar (Niagara 2) Inc.
Subject: Appeal of the Decision of Council on an application for the alteration of a designated property
Description: To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number: HER-016-2022
Property Address: 588 Charlotte Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No.: OLT-23-000496
OLT Lead Case No.: OLT-23-000494
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18.
Applicant/Appellant: Solmar (Niagara 2) Inc.
Subject: Appeal of the Decision of Council on an application to demolish or remove a building or structure
Description: To demolish, remove and alter the property to facilitate the development of the proposed residential subdivision
Reference Number: HER-016-2022
Property Address: 588 Charlotte Street
Municipality/UT: Niagara-on-the-Lake/Niagara
OLT Case No.: OLT-23-000497
OLT Lead Case No.: OLT-23-000494
BEFORE:
Wednesday, the 27th day of November, 2024
STEVEN COOKE VICE-CHAIR
THIS IS A MATTER of the appeals filed by Solmar (Niagara 2) Inc. (“Appellant”), under subsections 22(7), 51(34) and 34(11) of the Planning Act, and subsections 34.1(1) and 33(9) of the Ontario Heritage Act, of the Town of Niagara-on-the-Lake’s failure to adopt the requested amendment and refusal or neglect to make a decision on the proposed zoning by-law amendment, plan of subdivision and heritage permit applications.
AND WHEREAS THE TRIBUNAL issued its Decision on October 11, 2024 (“Decision”).
AND WHEREAS the Appellant filed a request for review (“Request”), pursuant to s. 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure (“Rules”), that seeks to review and reconsider the Decision and also requests that the Tribunal grant a stay of the effect of the Decision pending the outcome of the Request;
AND WHEREAS THE TRIBUNAL after having considered the request for a stay of the Decision pending the outcome of the Request and the Chair’s powers to order a stay pursuant to Rule 25.2 of the Rules;
THE TRIBUNAL HEREBY ORDERS that the Interim Order of the Tribunal and the timelines contained therein be stayed and held in abeyance pending the outcome of the Chair’s disposition of the Request.
All of which are ordered pursuant to the Chair’s authority under section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure.
“Euken Lui”
EUKEN LUI REGISTRAR
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.