Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: December 23, 2024

CASE NO(S).: OLT-24-000099 OLT-24-000807

PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Beach Road Villas Inc. Subject: Consent Description: To permit the creation of one new lot which comprises a portion of an approved draft plan of subdivision Reference Number: B/41/2023/GR Property Address: Part of Lot 21, Conc 6, former Twp of Muskoka, being Parts 1-3, Plan 35R-11122, Part 2, Plan 35R-14565 and parts 1&2, Plan 35R-21173 Municipality: Town of Gravenhurst OLT Case No.: OLT-24-000099 OLT Lead Case No.: OLT-24-000099 OLT Case Name: Beach Road Villas Inc. v. Gravenhurst (Town)

PROCEEDING COMMENCED UNDER subsection 51(48) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Beach Road Villas Inc. Subject: Conditions of approval of draft plan of subdivision Description: To permit the extension of the approved draft plan of subdivision deadline Reference Number: S2006-06 (Muskoka Ridge) Property Address: Part of Lot 21, Concession 6 Municipality: Town of Gravenhurst OLT Case No.: OLT-24-000807 OLT Lead Case No.: OLT-24-000807 OLT Case Name: Beach Road Villas Inc. v. Gravenhurst (Town)

Heard: December 12, 2024 by Video Hearing

APPEARANCES:

Parties	Counsel
Beach Road Villas Inc.	Alex Ciccone
Town of Gravenhurst	Edward Veldboom
District of Muskoka	Jamie Clow

MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON DECEMBER 12, 2024 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This was the third Case Management Conference (“CMC”) before the Tribunal with respect to an Appeal (OLT-24-000099) under section 53 (19) of the Planning Act by Beach Road Villas Inc. (“Appellant”) resulting from the refusal by the Committee of Adjustment of the Town of Gravenhurst (“Town”) to grant a Consent Application (“Application”) for lands know as Part of Lot 21, Conc 6, former Township of Muskoka, being Parts 1-3, Plan 35R-11122, Part 2, Plan 35-R-14565 and Parts 1 & 2, Plan 35R-21173 (“Subject Property”) in the Town.

2The Application is to permit the creation of one additional lot on the Subject Property, which comprised a portion of an approved Draft Plan of Subdivision (“DPS”), S2006-6 (Muskoka Ridge), by the District of Muskoka (“District”).

3The Appellant has filed an appeal (OLT-24-000807) with the Tribunal regarding the status of the DPS for the Subject Property. For the OLT-24-000807 matter, this is a first CMC. The affidavit of service on file is marked Exhibit 1A.

PREMLINARY MATTERS

4Mr. Ciccone, counsel for the Appellant informed the Tribunal that he had filed a draft Procedural Order (“DPO”) with an Issues List for OLT-24-000807 which were forwarded to the Town and District for comments. He did not receive the desired response.

5Mr. Clow, counsel for the District explained that he did not respond to the DPO as his opinion was that the DPS appeal (OLT-24-000807) was an invalid appeal. His view was that there was a lapsing condition in the DPS approval which resulted in a lapsed DPS approval, not amenable to an appeal.

6Counsel for the Town, Mr. Veldboom was of the same opinion.

7The Tribunal directed the District to file a Motion to determine the appeal’s validity issue. Upon Parties’ consent, the Town was granted Party status for the OLT-24-000807 appeal.

8The Tribunal agrees with the Parties that the question of consolidation of both appeals should be decided after determination of the validity of the DPS appeal.

MEDIATION

9The Parties will continue discussions and avail themselves to private resolution of the appeals, if any.

MOTION

10The Tribunal directs that the District’s Motion to be filed in accordance with the Tribunal’s Rules of Practice and Procedure.

HEARING

11The Tribunal scheduled a hearing of the Motion commencing on Thursday, March 13, 2025, at 10 a.m. by Video Hearing. No further Notice is required.

12The said date is also a Case Management Conference for the Parties to provide status updates for the appeals.

13Parties are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections.

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Access code: 519-389-173

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