Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 03, 2024
CASE NO(S).: OLT-23-000693
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Caledon HL Developments Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of six (6) industrial warehouse buildings
Reference Number: PRE 2021-0224
Property Address: 12505 Heart Lake Road
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-23-000693
OLT Lead Case No.: OLT-23-000693
OLT Case Name: Caledon HL Developments Inc. v. Caledon (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Caledon HL Developments Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of six (6) industrial warehouse buildings
Reference Number: PRE 2021-0224
Property Address: 12505 Heart Lake Road
Municipality/UT: Caledon/Peel
OLT Case No.: OLT-23-000694
OLT Lead Case No.: OLT-23-000693
OLT Case Name: Caledon HL Developments Inc. v. Caledon (Town)
Heard: November 4, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative |
|---|---|
| Caledon HL Developments Inc. | Denise Baker |
| Town of Caledon | David Germain |
| Ministry of Municipal Affairs and Housing (“MMAH”) | Joanna Wice Anna-Lee Beamish (in absentia) |
| Toronto and Region Conservation Authority (“TRCA”) | Tim Duncan |
DECISION DELIVERED BY KURTIS SMITH AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order came to realization because of ongoing positive discussions and deliberations between the Parties. Modifications were made to the Official Plan and Zoning By-law Amendments (“Revised Amendments”) which resulted in all the Parties being supportive of the amendments as attached to the Order below.
2The Revised Amendments sought will expand the settlement boundary to include most of the Subject Lands municipally known as 12505 Heart Lake Road in the Town of Caledon (“Town”) and to rezone the Subject Lands from Agricultural (A1) and Environmental Protection Area Two (EPA2) to Prestige Industrial (MP), with holding provisions, and Environmental Protection Area One (EPA1), in accordance with Attachment 2.
3The portion of the Subject Lands that are requested to be unchanged are those that are within the Ministry of Transportation’s Focused Analysis Area for the proposed Highway 413.
4To support the Revised Amendments the Tribunal, based on Scott Arbuckle’s Curriculum Vitae and Acknowledgment of Experts Duty, qualified Mr. Arbuckle to provide opinion evidence in the area of land use planning.
EVIDENCE
5Mr. Arbuckle provided the Tribunal with oral, written (Exhibit 1), and visual (Exhibit 2) evidence to support his findings that the Revised Amendments have regard for s. 2 of the Planning Act (“Act”), is consistent with the Provincial Planning Statement 2024 (“PPS”), conforms to the Region of Peel’s Official Plan (“Region OP”), and the Town’s in-force Official Plan (“Towns OP”), has sufficient regard to the Town’s Future Official Plan, and represents good planning that is in the public interest and should be approved.
6The above noted planning documents have several common themes that are implemented by the Revised Amendments including:
- Protection of ecological systems, including natural areas, features and functions;
- Orderly development of safe & healthy community while providing an appropriate mix and range of employment to meet long-term needs and economic development goals;
- Resolution and co-ordination of planning activities of public bodies through the protection of transportation systems; and,
- Development of lands on full municipal services.
7Counsel for the TRCA and MMAH communicated to the Tribunal that they are supportive of the Revised Amendments through the protection and alignment of the proposed Highway 413 lands, the holding provisions, and protection of the environmental lands to be zoned EPA1. The Town stated the applications were originally “turned down” due to prematurity and the requirement of additional due diligence, however the inclusion of the holding provision “fills the gaps” and therefore the Town is supportive of the Revised Amendments.
FINDINGS
8On the uncontested evidence of Mr. Arkbuckle, the Tribunal finds that the Revised Amendments: have due regard for matters of Provincial Interest in s. 2 of the Act, are consistent with the PPS, conforms to the Region OP, and Towns OP; therefore, represents good planning in the public interest.
ORDER
9THE TRIBUNAL ORDERS that the appeals are allowed in part, and Orders that:
- The Town of Caledon Official Plan, is hereby amended in the manner set out in Attachment 1 to this Order and the Tribunal Orders that the Official Plan is approved as modified; and,
- The Town of Caledon Zoning By-law No. 2006-50 is hereby amended in the manner set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of the Town of Caledon to assign a number to this by-law for record keeping purposes.
“Kurtis Smith”
Kurtis Smith
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 – Official Plan Amendment
AMENDMENT NO.
TO THE OFFICIAL PLAN FOR
THE TOWN OF CALEDON PLANNING AREA
THE CORPORATION OF THE TOWN OF CALEDON BY-LAW NO.
A By-law to adopt Amendment No. to the Official Plan for the Town of Caledon
WHEREAS the Ontario Land Tribunal, in accordance with the provisions of the Planning Act, R.S.O. 1990, as amended, HEREBY ENACTS AS FOLLOWS:
- Amendment No. to the Official Plan for the Town of Caledon Planning Area shall be and is hereby adopted.
THE CONSTITUTIONAL STATEMENT
PART A - THE PREAMBLE - does not constitute part of this
amendment.
PART B - THE AMENDMENT - consisting of the following text and
Schedule "A-M” constitutes Amendment No.
of the Town of Caledon Official Plan.