ISSUE DATE: May 07, 2024
CASE NO(S).: OLT-23-000743
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Lauren De Koster and Jonathan De Koster Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a wedding/event venue in a rural area as an agri-tourism use Reference Number: Y2-05-21 Property Address: 5277 Quaker Road Municipality/UT: Central Elgin/County of Elgin OLT Case No.: OLT-23-000743 OLT Lead Case No.: OLT-23-000743 OLT Case Name: De Koster v. Central Elgin (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: Lauren De Koster and Jonathan De Koster Subject: Application to amend the Zoning By-law – Refusal or neglect to adopt the requested amendment Description: To permit a wedding/event venue in a rural area as an agri-tourism use Reference Number: Y2-05-21 Property Address: 5277 Quaker Road Municipality/UT: Central Elgin/County of Elgin OLT Case No.: OLT-23-000744 OLT Lead Case No.: OLT-23-000743
Heard: April 30, 2024 by Video Hearing
| Parties | Counsel |
|---|---|
| Lauren and Jonathan De Koster | Jacob Damstra |
| Municipality of Central Elgin | Analee Baroudi |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. INNIS ON APRIL 30, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the first Case Management Conference (“CMC”) respecting an appeal by Lauren and Jonathan De Koster (“Applicant”). The Appeal is pursuant to subsections 22(7) and 34(11) of the Planning Act, based on the refusal by the Municipality of Central Elgin (“Municipality”) to approve applications to permit an Agri-tourism use, being a rural wedding/event use, on lands known municipally as 5277 Quaker Road, in the Municipality.
Service of Notice of CMC
2There is no issue with service of the Notice of this CMC, and so no further notice is required. The Tribunal is in receipt of the Affidavit of Service, which is marked as Exhibit 1.
Requests for Status
3Counsel for the County of Elgin (“County”) attended the CMC seeking Participant status. While the County is an approval authority and is considered to be a ‘party as-of-right’, they do not intend to call any witnesses or participate fully as a Party. It was the opinion of the County that servicing requirements are a core issue in regard to the application and as such, they sought Participant status to ensure that the Tribunal is aware of their concerns by means of a Participant Statement. On consent of the Parties, the Tribunal granted Participant status to the County.
4No one else attended the CMC seeking either Party or Participant status.
MEDIATION AND SETTLEMENT
5The Tribunal explored the possibility of mediation and settlement with the Parties. The Parties both expressed openness to resolution discussions and/or Tribunal-led mediation. Counsel for the Applicant requested that the Tribunal adjourn sine die to allow for an opportunity for the Municipality’s Counsel to seek direction on Monday, May 13, 2024, so that the Parties may potentially begin resolution discussions. The motion to adjourn this matter sine die was granted on consent. The Municipality was directed to advise the Tribunal by Tuesday, May 14, 2024, if the Parties would be seeking Tribunal-led mediation or a hearing date.
ORDER
6The Tribunal Orders that:
- The motion to adjourn brought by Lauren and Jonathan De Koster is granted and the matter is adjourned sine die.
7The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
J. INNIS 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.