Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 19, 2024
CASE NO(S).: OLT-22-004070
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c.P. 13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D09OPA20.002
OLT Case No: OLT-22-004070
OLT Lead Case No: OLT-22-004070
OLT Case Name: Glen Williams Estates Inc. v. Halton Hills (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c.P. 13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Application to amend Zoning By-law – Refusal or neglect to make a decision
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D14ZBA20.009
OLT Case No: OLT-22-004071
OLT Lead Case No: OLT-22-004070
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c.P. 13, as amended
Applicant and Appellant: Glen Williams Estates Inc.
Subject: Proposed Plan of Subdivision – Failure of Town of Halton Hills to make a decision
Purpose: To permit 34 new lots for single detached dwellings on a new public road
Property Address: 102 Confederation Street
Municipality: Town of Halton Hills
Municipal File No.: D12SUB20.001
OLT Case No: OLT-22-004072
OLT Lead Case No: OLT-22-004070
Heard: December 4, 2023 by Video Hearing (“VH”)
APPEARANCES:
Parties
Counsel
Glen Williams Estates Inc.
Herbert Arnold
Town of Halton Hills
David Germain
Regional Municipality of Halton
Brittany Maione
DECISION DELIVERED BY K.R. ANDREWS AND ORDER OF THE TRIBUNAL
Link to Final Order
INTRODUCTION
1The appeal arises following a non-decision by the Town of Halton Hills (“Town”) with respect to applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment and Draft Plan of Subdivision to facilitate the development of a 34-unit (as originally proposed) single-detached dwelling subdivision located at 102 Confederation Street within the Hamlet of Glen Williams.
2At previous hearing events, Party Status was granted to the Regional Municipality of Halton (“Region”) and Credit Valley Conservation Authority (“CVCA”) (since withdrawn as a Party). Participant status was also granted to the Glen Williams Community Association (“GWCA”) and Concerned Citizens of the Glen (“CCG”).
3Disposition of the matter has come before the Tribunal as a settlement motion.
4The original proposal remains largely unchanged for the purposes of settlement, with the exception of reduced density from 34-units to a now proposed 31 units.
5The Tribunal confirms that it has received, reviewed and considered the following materials and submissions:
i. Minutes of Settlement between the Applicant and the Town dated November 30, 2023 (marked as Exhibit 1);
ii. the uncontested opinion evidence of Glenn Wellings, a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in his comprehensive affidavit sworn November 30, 2023 (marked as Exhibit 2);
iii. draft instruments in support of the proposed settlement (marked as Exhibit 3);
iv. Participant Statements filed with the Tribunal in the names of the GWCA and CCG1;
v. the Parties’ oral submissions in support of the settlement; and,
vi. a draft Order submitted to give effect to the relief jointly being sought.
Decision and order
6The Tribunal understands that the aforementioned sworn affidavit evidence of Mr. Wellings reflects revisions to the applications before the Tribunal that were reached through the cooperative efforts of the Parties.
7Of note, the Tribunal finds that the existing Official Plan (“OP”) of the Town designates 8.12 hectares of the subject lands as Hamlet Residential Area, while the proposed settlement provides only 5.56 hectares of land as Hamlet Residential Area designation, with the balance of the lands (approximately 75% of the total) being dedicated to the Town for public ownership (including Natural Heritage and Natural Hazzard lands, as well as associated buffer blocks). On account of the reduced area being proposed for development (and the corresponding increased area being dedicated for public ownership), the Applicant requires an OPA to increase the permitted density from 5 units / hectare to 6.8 units / hectare. For comparison, if the proposal included all of the 8.12 hectares currently contemplated for development, the density would be only 3.8 units / hectare to accommodate 31 units – well below the existing permitted density. Mr. Wellings pointed out that the current area designated as Hamlet Residential Area contemplates up to 41 units – ten more units than what is now being proposed.
8From a density standpoint, while the proposal is not technically compliant with the existing OP, given the reduction in area being designated as Hamlet Residential Area, the Tribunal nevertheless finds the requested amendment to clearly conform with the intent of the OP because it does not require greater density than what is currently contemplated within the existing boundaries of the Hamlet Residential Area.
9The Tribunal confirms that, in coming to its findings, it has had due regard to the statements contained within the Participant Statements of the GWCA and CCG. While those statements clearly oppose the proposed development, the Tribunal accepts the responding testimony of Mr. Wellings insofar as the proposed development has adequately addressed the Participants’ concerns from a planning policy standpoint.
10More specifically, Mr. Wellings testified that the Participants’ concerns regarding density of the development is unfounded when considering that the proposed number of units does not exceed what is currently contemplated within the existing unamended Town OP (as noted above). Mr. Wellings also noted that the safety concerns regarding the intersection of the proposed access roadway has been fully addressed through a peer-reviewed traffic impact study, and the environmental concerns have been fully vetted by both the Town and the CVCA.
11In summary, the Tribunal accepts the opinion evidence of Mr. Wellings as presented in his affidavit and similarly finds that the subject applications, as revised, have regard to those applicable matters of provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform to the A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, the Halton Region OP, the Town OP including the Glen Williams Secondary Plan, and otherwise, reflect principles of good land use planning. The Tribunal further finds that the proposed Draft Plan of Subdivision has appropriate regard for the criteria under section 51(24) of the Planning Act.
12THE TRIBUNAL ORDERS that:
the appeal is allowed in part and the Official Plan for the Town of Halton Hills is amended as set out in Attachment 1 to this Order;
the appeal is allowed in part and By-law No. 2010-050 of the Town of Halton Hills is hereby amended as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk of Town of Halton Hills to assign a number to this by-law for record keeping purposes.
the appeal is allowed in part and the draft plan shown on the plan prepared by Wellings Planning Consultants Inc. dated November 2023, comprising Part of Lot 21, Concession 9, Geographic Township of Esquesing, Town of Halton Hills, Regional Municipality of Halton, as set out in Attachment 3, is approved subject to the fulfillment of the conditions set out in Attachment 4 to this Order;
pursuant to subsection 51(56.1) of the Planning Act, the Town of Halton Hills shall have the authority to clear the Conditions of Draft Plan Approval and to administer final approval of the Plan of Subdivision for the purposes of subsection 51(58) of the Planning Act. In the event that there are any difficulties implementing any of the conditions of Draft Plan Approval, or if any changes are required to be made to the Draft Plan Approval, the Tribunal may be spoken to.
In all other respects, the appeal is dismissed.
13The Tribunal may be spoken to if the Parties require any further assistance with respect to the Order.
14Since the conclusion of the merit hearing held by the Tribunal, and prior to the issuance of this decision, the Tribunal has reached out to the Parties to seek input if the passing of Bill 150, Planning Statute Law Amendment Act, 2023, which enacts the Official Plan Adjustments Act, 2023, which received Royal Assent on December 6, 2023, had any impacts on the potential outcome of this matter. All of the Parties have provided responses to state that Bill 150 does not impact the matter that was heard. The Tribunal accepts these submissions and finds same.
"K.R. Andrews"
K.R. ANDREWS 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 2