Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 01, 2024
CASE NO(S).: OLT-24-000109
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: LJM Developments
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the re-development of the subject lands into a seasonal residential development
Reference Number: PLOP-HA-2020-036
Property Address: 63 Pyle Road (Concession 1, Part Lot 11 Geographic Township of Sherbrooke)
Municipality/UT: Haldimand/Haldimand
OLT Case No.: OLT-24-000109
OLT Lead Case No.: OLT-24-000109
OLT Case Name: LJM Developments v. Haldimand (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: LJM Developments
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the re-development of the subject lands into a seasonal residential development
Reference Number: PLZ-HA-2020-037
Property Address: 63 Pyle Road (Concession 1, Part Lot 11, Geographic Township of Sherbrooke)
Municipality/UT: Haldimand/Haldimand
OLT Case No.: OLT-24-000110
OLT Lead Case No.: OLT-24-000109
Heard: April 19, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel
2601939 Ontario Inc.
Russell Cheeseman
Stephanie Fleming
County of Haldimand
T.A. Richardson
MEMORANDUM OF ORAL DECISION DELIVERED BY GREGORY J. INGRAM ON April 19, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This was the first Case Management Conference (“CMC”) concerning an appeal by 2601939 Ontario Inc. (“LJM Developments Inc.”) of the County of Haldimand’s (“County”) failure to make a decision on an Official Plan Amendment (“OPA”) pursuant to Section 22(7) and a Zoning By-Law Amendment (“ZBA”) pursuant to Section 34(11) of the Planning Act (“Act”) to permit the redevelopment of the property known as 63 Pyle Road in the County (“Subject Lands”).
2LJM Developments Inc. seeks to redevelop the Subject Lands into a seasonal residential development, consisting of 173 seasonal cottages, one community centre (including a multi-use sports field and double tennis court), and outdoor facilities such as a multi-use trail and other open space (“Proposed Development”).
3To facilitate the Proposed Development, the proposed OPA changes the designation for the Subject Lands from 'Agriculture’ to 'Resort Residential Node’, and the requested ZBA changes the designation from 'Agriculture’ and 'Hazard Land’ to 'Seasonal Residential’.
4A public meeting was held in August 2020 where a Planning Staff Report was received by County Council. The Planning Staff Report was not in support of the applications and several letters of objection from the public we received. County Council decided to defer making a decision “to allow the applicant an opportunity to explore potential amendments to the applications in consultation with staff and public.”
5The Tribunal heard that consultations between LJM Developments Inc. and the County continued following the first public meeting, which resulted in some proposed amendments to the original proposal and the scheduling of three additional public meetings. Each of the additional public meetings were cancelled at the request of LJM Developments Inc. The Proposed Development before the Tribunal today is the same as the original application to the County that was not supported by the County planning staff.
AFFIDAVIT OF SERVICE AND STATUS
6The Affidavit of Service was sworn on March 26, 2024, by Darlene Hornsby and confirms that Notice was served and was marked as Exhibit 1.
7Two requests for Participant status were received by the Tribunal from Stuart Adams and Adrian and Hortense Verburg. Both identified specific concerns with the Proposed Development and reside in the vicinity of the Subject Lands. The Tribunal granted their Participant status requests given their clear interest in the Proposed Development and with the Parties' consent.
MEDIATION
8The Parties were made aware of Tribunal-led mediation, and both indicated that they are not opposed to mediation, but that it is premature to determine whether that will be required.
HEARING PLANNING
9The Tribunal heard submissions from the Parties regarding the next steps concerning this case. In summary, the Parties anticipate calling between five to eight witnesses and requested 15 days for a hearing. They also requested that a second CMC be set in May 2024 to allow Counsel for the County to receive further direction related to this matter.
10A second CMC will commence on Friday, May 17, 2024, beginning at 10 a.m. by video, as per the connection details outlined below in paragraph [11]. The purpose of the second CMC is to receive an update from the Parties, consider any additional Participant or Party status requests, review the draft Procedural Order and confirm the number of days scheduled for the Hearing.
11The Tribunal scheduled a 13-day Hearing to commence on Monday, November 4, 2024, at 10 a.m. by video, excluding Monday, November 11, 2024, and Monday, November 18, 2024, as the Tribunal will not be sitting on these dates. The second CMC and the 13-day Hearing are scheduled to proceed as follows:
Second CMC:
Friday, May 17, 2024 at 10 a.m.
GoTo Meeting: https://global.gotomeeting.com/join/709076365
Access code: 709-076-365
Audio-only telephone line: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889
Audio-only access code: 709-076-365
13-day Hearing:
Starting: Monday, November 4, 2024 at 10 a.m.
Ending: Friday, November 22, 2024 at 5 p.m.
Exception: Note the following dates on which the Panel will not be sitting: Monday, November 11, 2024; and Monday, November 18, 2024
GoTo Meeting: https://meet.goto.com/357283957
Access code: 357-283-957
Audio-only telephone line: +1 (647) 497-9391 or (Toll Free) 1-888-455-1389
Audio-only access code: 357-283-957
12Parties and Participants are asked to log into the Video Hearings at least 15 minutes before the start of the event to test their video and audio connections.
13For all Video Hearings, the Parties and Participants are asked to access and set up the application well before 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.
14Persons 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.
15Individuals 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 Video Hearings 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.
16The Member is not seized, and no further notice is required.
17The Member is available to assist the Parties, if required, in finalizing a draft Procedural Order.
ORDER
18THE TRIBUNAL ORDERS THAT:
- A second Case Management Conference and 13-day Hearing will commence as per the details outlined in paragraphs [10] through [15] above.
“Gregory J. Ingram”
GREGORY J. INGRAM
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.