Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: December 18, 2024
CASE NO(S).: OLT-22-003634
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a 141-unit residential subdivision
Reference Number: OPA19.002
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003634
OLT Lead Case No: OLT-22-003634
OLT Case Name: Schickedanz v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a 141-unit residential subdivision
Reference Number: ZBA19.002
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003635
OLT Lead Case No: OLT-22-003634
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant Far Sight Homes, 2506339 Ontario Inc., & Robert Schickedanz
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of a 141-unit residential subdivision
Reference Number: 19T(W)-19.001
Property Address: 5426, 5452 & 5584 Lakeshore Road
Municipality/UT: Whitchurch-Stouffville/York
OLT Case No: OLT-22-003636
OLT Lead Case No: OLT-22-003634
Heard: December 13, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
Far Sight Homes, 2506339 Ontario Inc. and Robert Schickedanz (“Applicants”)
Mark de Jong
Town of Whitchurch-Stouffville (“Town”)
Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY JEAN-PIERRE BLAIS ON DECEMBER 13, 2024 AND ORDER OF THE TRIBUNAL
1The Applicants seek to develop a 40-acre site known municipally as 5426, 5452 and 5584 Lakeshore Road in the Town (“Subject Property”) to construct a residential subdivision consisting of 141 units within private streets on a condominium ownership basis. To this end, the Applicants had applied for an amendment to the Town’s Official Plan, a Zoning By-law Amendment, and approval of a proposed Plan of Subdivision. The Appeals are brought pursuant to sections 22(7), 34(11) and 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, due to the Town’s failure to make a decision.
2At a Case Management on September 13, 2024, the Parties informed the Tribunal that they were hopeful of reaching a settlement but needed more time to resolve outstanding issues. Accordingly, the Parties requested that the Tribunal schedule a further Status Hearing in approximately three months.
3At the present Status Hearing, the Parties informed the Tribunal that they continue to be hopeful that a settlement could be reached, but they required more time to resolve issues. They proposed that the matter be adjourned sine die.
NEXT STEPS
4To ensure that the Tribunal’s docket continues to be well managed, the Tribunal proposed instead that a further Status Hearing be scheduled by Telephone Conference Call (“TCC”). Counsel for the Parties provided their availabilities for such a Status Hearing for the last week of March 2025.
5Accordingly, the Tribunal directed that a Status Hearing be set for 9 a.m. on Friday, March 28, 2025, by TCC. At that Hearing, the Parties are expected to update the Tribunal on the status of the proceeding.
6Individual(s) are directed to call 416-212-8012 or (Toll-Free) 1-866-633-0848 on the assigned date at the correct time. When prompted, enter the conference line code 4779874 to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call and at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
7THE TRIBUNAL ORDERS its directions in this Decision.
“Jean-Pierre Blais”
JEAN-PIERRE BLAIS
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.