Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 09, 2024
CASE NO.:
OLT-23-000520
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Argo Kennedy Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To redesignate the subject property to facilitate a residential development
Reference Number:
POPA 2021-0009
Property Address:
Mayfield West Secondary Plan Area
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-000520
OLT Lead Case No.:
OLT-23-000520
OLT Case Name:
Argo Kennedy Limited 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:
Argo Kennedy Limited
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhomes and a medium density block
Reference Number:
PRE 2021-0013
Property Address:
12891 Hurontario Street, 0 School Road and 3431 Old School Road
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-001291
OLT Lead Case No.:
OLT-23-000520
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant:
Argo Kennedy Limited
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit the development of a residential subdivision including single detached homes, rear-lane and back-to-back townhouses and a medium density block
Reference Number:
PRE 2021-2013
Property Address:
12891 Hurontario Street, 0 School Road and 3431 Old School Road
Municipality/UT:
Caledon/Peel
OLT Case No.:
OLT-23-001292
OLT Lead Case No.:
OLT-23-000520
ORDER
BEFORE:
S. BRAUN
Thursday, the 5th
VICE-CHAIR
Day of December, 2024
UPON APPEALS by Argo Kennedy Limited (“Appellant”) regarding the failure of the Town of Caledon (“Town”) to make decisions on applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“Draft Plan”) for the Subject Lands located at 12891 Hurontario Street, 0 Old School Road and 3431 Old School Road;
AND THE TRIBUNAL having conducted a fourth Case Management Conference for the above-noted appeals on December 5, 2024, by video hearing, with the Parties listed in Attachment 1 in attendance;
AND THE TRIBUNAL having been advised that the Appellant and the Town reached an agreement to resolve the above-noted appeals;
AND THE TRIBUNAL having received motion materials submitted on November 29, 2024, requesting, inter alia, an Order of the Tribunal approving:
an OPA that creates a new Secondary Plan for the Mayfield West Phase 3, Stage 1 Secondary Plan Area (“MW Phase 3 Area”);
a ZBA affecting the portion of the lands within the MW Phase 3 Area;
a Draft Plan affecting the portion of the lands within the MW Phase 3 area; and
a set of Draft Plan Approval Conditions for the above-noted Draft Plan
AND THE TRIBUNAL having been advised that all other Parties to the proceeding, save and except for School West Investments Inc., Caledon Development LP, Caledon General Development Partner Ltd., School Valley South Ltd., School Valley Developments Ltd., Brookvalley Developments (HWY 10) Ltd., are in support of the Appellant’s motion;
AND THE TRIBUNAL not yet having received responding materials to the motion from the above-noted respondents, and having been asked to accommodate the schedule of Counsel to allow a response outside of the timeline specified in the Tribunal’s Rules of Practice and Procedure;
NOW THEREFORE THE TRIBUNAL ORDERS THAT:
Any response to the motion by Argo Kennedy Limited is to be submitted to the Tribunal and copied to all other Parties to the proceeding no later than 12 p.m. on Friday, January 31, 2025;
Reply materials (if necessary) are to be submitted in accordance with the Tribunal’s Rules of Practice and Procedure;
Should revised instruments and/or a revised draft order be required, the same shall be submitted no later than 12 p.m. on Thursday, February 6, 2025; and
The motion by Argo Kennedy Limited will be heard in writing on Friday, February 7, 2025, unless otherwise directed by the Tribunal.
“Euken Lui”
EUKEN LUI
ACTING 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.
Attachment 1
Attendance List
Parties
Counsel
Argo Kennedy Limited
P. Harrington
Town of Caledon
P. Boutis
Region of Peel
A. Sanichara
School West Investments Inc., Caledon Development LP, Caledon General Development Partner Ltd., School Valley South Ltd., School Valley Developments Ltd., Brookvalley Developments (HWY 10) Ltd.
A. Biggart
Toronto and Region Conservation Authority
T. Duncan
Ministry of Municipal Affairs and Housing
J. Wice
A. Beamish (in absentia)
FP Mayfield West (Caledon) Inc.
S. Snider