Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 06, 2024

CASE NO(S).: OLT-23-000534

PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Caivan (Perth GC) Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit 940 single detached dwellings and townhomes, a nine-hole golf course, park and open space areas
Reference Number: OPA-01-2023
Property Address: 141 Peter Street, Part of Lots 26 & 27, Concession 1, Part Lots 25, 26 & 27, Concession 2, Geographic Township of Bathurst, and Part Lot 1 in Southeast Half Lot 1, Concession 1, Part Lot 1 in Southwest Half Lot 1, Concession 2, Geographic Township of Drummond, now in the Town of Perth, County of Lanark
Municipality/UT: Town of Perth / County of Lanark
OLT Case No.: OLT-23-000939
OLT Lead Case No.: OLT-23-000534

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Caivan (Perth GC) Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 940 single detached dwellings and townhomes, a nine-hole golf course, park and open space areas
Reference Number: ZBL-03-2023
Property Address: 141 Peter Street, Part of Lots 26 & 27, Concession 1, Part Lots 25, 26 & 27, Concession 2, Geographic Township of Bathurst, and Part Lot 1 in Southeast Half Lot 1, Concession 1, Part Lot 1 in Southwest Half Lot 1, Concession 2, Geographic Township of Drummond, now in the Town of Perth, County of Lanark
Municipality/UT: Town of Perth / County of Lanark
OLT Case No.: OLT-23-000940
OLT Lead Case No.: OLT-23-000534

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Caivan (Perth GC) Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit 940 single detached dwellings and townhomes, a nine-hole golf course, park and open space areas
Reference Number: 09-T-22001
Property Address: 141 Peter Street, Part of Lots 26 & 27, Concession 1, Part Lots 25, 26 & 27, Concession 2, Geographic Township of Bathurst, and Part Lot 1 in Southeast Half Lot 1, Concession 1, Part Lot 1 in Southwest Half Lot 1, Concession 2, Geographic Township of Drummond, now in the Town of Perth, County of Lanark
Municipality/UT: Town of Perth / County of Lanark
OLT Case No.: OLT-23-000534
OLT Lead Case No.: OLT-23-000534

OLT Case Name: Caivan (Perth GC) v Lanark County

Heard: November 19, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Caivan (Perth GC) Limited (Applicant/Appellant)	Patrick Harrington
County of Lanark	Gregory Meeds
Town of Perth	Spencer Putnam Tony Fleming (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON November 19, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This is the fourth Case Management Conference ("Fourth CMC") with respect to the Tribunal’s Case File No. OLT-23-000534. This file relates to an appeal filed by Cavian (Perth GC) Limited ("Applicant") pursuant to s. 22(7), s. 34(11) and s.51(34) of the Planning Act ("Act"), concerning the failure to make a decision by the Town of Perth ("Town") within the statutory timeframe prescribed by the Act, with respect to an Official Plan Amendment application, a Zoning By-Law Amendment application and by Lanark County with respect to a Draft Plan of Subdivision ("DPS") application (together the "Applications").

2The Applications facilitate the redevelopment of approximately 17 hectares of the existing Perth Golf Course, located at 141 Peter Street in the Town, with approximately 940 dwelling units.

REVISED PROCEDURAL ORDER

3Counsel for the Applicant explained that since the third CMC held on September 13, 2024, the Parties have continued to work to determine the development area in consultation with the Rideau Valley Conservation Authority and revise the DPS. Counsel advised the Tribunal that at this point, there is no reduction in the issues set out in the Procedural Order ("PO") established at the second CMC on February 12, 2024 ("Second CMC"), but that the Parties and their respective experts are actively in discussions with a view to reducing issues.

4In advance of the Fourth CMC, the Parties provided a revised PO to the Tribunal for consideration to replace the PO adopted in the Second CMC. At the Fourth CMC, there was extensive discussion about the revised dates in the proposed revised PO. In discussing the proposed revised PO with the Parties, the Tribunal sought to balance its public interest mandate and the obligation to provide an expeditious and fair proceeding. In particular, the Tribunal wished to ensure the Participants are afforded a reasonable opportunity to review and respond to any revised instruments that will be before the Tribunal at the Merit Hearing and also provide sufficient time for the expert witnesses to review and respond to any updated Participant statements. As such, the Tribunal directed specific revisions to the proposed revised PO with the addition of an addendum matrix of the Participants to assist in organizing the comments for the benefit of the Tribunal and the expert witnesses in anticipation of the Merit Hearing.

5The Parties provided the revised PO as directed by the Tribunal. The Tribunal convened a telephone conference call with the Parties on November 29, 2024, to review the revised PO. Additional modifications were directed by the Tribunal to clarify, and simply the dates and directions therein, and a further version was provided to the Tribunal in advance of the issuance of this Decision in compliance with its directions. The revised PO attached hereto as Attachment 1 shall replace the prior PO and govern the proceedings going forward.

ORDER

6The Tribunal Orders the direction set out above.

7There will be no further notice.

8The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.

"A. Mason"

A. MASON

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.

ATTACHMENT 1