Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 12, 2024
CASE NO(S).: OLT-23-000048
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bartels Environmental Services Inc. Subject: Zoning Bylaw Amendment Description: To permit a biosolid storage facility on the subject property Property Address: 6903 Perth Line 34 Municipality/UT: West Perth/Perth Municipal File No.: D14-16-21 OLT Case No.: OLT-23-000048 OLT Lead Case No.: OLT-23-000048 OLT Case Name: Bartels Environmental Services Inc. v. West Perth (Municipality)
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Bartels Environmental Services Inc. Subject: Site Plan Description: To permit a biosolid storage facility on the subject property Property Address: 6903 Perth Line 34 Municipality/UT: West Perth/Perth Municipal File No.: D11-06-21 OLT Case No.: OLT-23-000049 OLT Lead Case No.: OLT-23-000048 OLT Case Name: Bartels Environmental Services Inc. v. West Perth (Municipality)
Heard: January 10, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Bartels Environmental Services Inc. | A. Sadvari |
| Municipality of West Perth | S. McAnsh |
| Ashley and Jeffrey Kroonen | J. Goudy |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JANUARY 10, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the second Case Management Conference (“CMC”) held for the purpose of organizing appeals of the failure of the Municipality of West Perth to make decisions on applications for a Zoning By-Law Amendment (“ZBA”) and Site Plan Approval in relation to the property located at 6903 Perth Line 34 (“subject property”). The Appellants propose to convert the subject property into a waste storage lagoon for biosolids and digestate.
2At a previous CMC, Ashley and Jeffrey Kroonen, who own property directly abutting the subject property, sought, and were granted, Party status. At that time, the statutory Parties indicated that they were already in the midst of discussions aimed at resolving the issues and requested that the Tribunal schedule this next Hearing event in order to provide them with an opportunity to continue such discussions in the interim.
3Unfortunately, those settlement discussions did not bear fruit, and the Parties appeared at this Hearing event to provide that update to the Tribunal and to seek Hearing dates.
4The Tribunal reminded the Parties of the availability of Tribunal-assisted mediation and directed them to reach out to the Case Coordinator to make a request for same should they wish to avail themselves of this resource in the future.
5The Parties worked co-operatively in advance of the CMC to submit a detailed Issues List and draft Procedural Order (“PO”) on consent. While an initial request for a 15-day hearing was made, following some discussion it was agreed that a 12-day Hearing would be sufficient. The Parties requested that a date of mid- to late-November be set in order to accommodate the agricultural calendar. As such, a 12-day Video Hearing will commence on Monday, November 25, 2024.
6Parties are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://meet.goto.com/348282861
Access Code: 348-282-861
7Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
8Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: +1 (647) 497-9373 or Toll Free: 1 888 299-1889. The access code is: 348-282-861.
9Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
10Counsel for the Appellant agreed to revise, recirculate for consent and submit to the Tribunal for its review and approval an updated PO with populated deliverable deadlines based upon the above noted Hearing date. It was agreed by all Parties that it would be submitted to the Tribunal no later than January 19, 2024.
11The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair, just and expeditious resolution of this matter. The Parties indicated there were none.
12There will be no further notice and this Member is not seized but may be available for case management should scheduling permit.
13It is SO ORDERED.
S. Braun MEMBER 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.