Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 01, 2024
CASE NO(S).: OLT-23-001247
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Jerry and Susan Auger Subject: Consent Description: To sever and create a new parcel for a new residential unit Reference Number: B28-23 Property Address: 164 Hume Road Municipality/UT: Puslinch/Wellington C OLT Case No.: OLT-23-001247 OLT Lead Case No.: OLT-23-001247 OLT Case Name: Jerry and Susan Auger v. Wellington (County)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Jerry and Susan Auger Request for: Motion for Discovery Heard: March 27, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel/Representative* |
|---|---|
| Jerry and Susan Auger | Jonathan Minnes |
| Wellington (County) | Zach Prince* |
MEMORANDUM OF ORAL DECISION DELIVERED BY JENNIFER GOLD ON MARCH 27, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Tribunal convened a Case Management Conference (“CMC”) with respect to an appeal under section 53(19) of the Planning Act by Jerry and Susan Auger (“Applicants”). The Applicants seek consent to sever an approximately 1.18 hectare (“ha”) vacant parcel to provide for a new residential dwelling unit and would retain an approximately 6.49 ha parcel containing an existing dwelling at the property municipally described as 164 Hume Road, Puslinch (“Subject Property”). The County of Wellington’s Planning & Land Division Committee (“Committee”) did not approve the application.
PARTY/PARTICIPANT STATUS REQUESTS
2The Tribunal received Participant status requests from Garry and Pauline Helsby and Brigitte and Karl Strachan. Garry and Pauline Helsby own the property municipally described as 178 Hume Road which is adjacent to the Subject Property. Brigitte and Karl Strachan reside at 169 Hume Road which is also adjacent to the Subject Property. There was no objection to these requests and these individuals were granted Participant status.
MOTION
3The Applicants filed a motion with the Tribunal in advance of the CMC for an order compelling Mr. Garry Helsby to allow the Applicants’ expert and the Township’s Chief Building Official to attend at Mr. Helsby’s property for a site meeting. This motion was brought because Mr. Helsby, in his correspondence to the County of Wellington (“County”) as part of the public consultation process for the application, indicated that there is a structure located on this property that triggers Minimum Distance Separation (“MDS”). The Applicants seeks access to his property so that their planning/MDS expert and the Township’s Chief Building Official may assess the structure that Mr. Helsby submits triggers the MDS. This motion did not proceed as Mr. Helsby agreed that the Applicants’ expert, Mr. Rob Stoval, and the Township’s Chief Building Official, Mr. Andrew Harthold, may attend for the site visit if Mr. Zach Prince, a planner with the County was also in attendance. Mr. Prince agreed to attend. Due to this agreement, the motion did not proceed as an order was not required from the Tribunal.
DRAFT PROCEDURAL ORDER AND SECOND CMC
4The Parties did not provide a draft Procedural Order nor Issues List prior to the CMC. Given the issue of the site meeting set out in the motion, it was reasonable for the Parties to await the disposition of that issue. Given that the site meeting will occur and further inform this matter, a second CMC has been scheduled to proceed on Thursday, May 16, 2024 at 10 a.m. by video using the following coordinates:
GoToMeeting: https://meet.goto.com/348282861
Access code: 348-282-861
5Parties and Participants are asked to log in to the CMC at least 15 minutes before the start of the event to test their video and audio connections.
6Parties and Participants 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
7Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is 348-282-861.
8Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of persons participating in the CMC 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.
ORDER
9THE TRIBUNAL ORDERS that:
Participant status is granted to Garry and Pauline Helsby and Brigitte and Karl Strachan.
A second Case Management Conference is scheduled to proceed by Video Hearing, on Thursday, May 16, 2024, at 10 a.m.
The draft Procedural Order and Issues List are to be provided to the Tribunal prior to the second Case Management Conference.
No further notice is required; and
This Member is not seized.
“Jennifer Gold”
JENNIFER GOLD
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.