Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 08, 2024
CASE NO(S).: OLT-22-003362 Formerly (PL190422)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aspen Garden Bowmanville Ltd Subject: Application to amend Zoning By-law No. 84-63- Refusal or neglect of Municipality of Clarington to make a decision Description: To permit the construction of a 136-unit residential subdivision Reference Number: ZBA2018-0027 Property Address: Lot 17, Concession 1 Municipality/UT: Municipality of Clarington OLT Case No.: OLT-22-003362 Legacy Case No.: PL190422 OLT Lead Case No.: OLT-22-003362 Legacy Lead Case No.: PL190422 OLT Case Name: Aspen Garden Bowmanville Ltd. v. Clarington (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Aspen Garden Bowmanville Ltd Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit the construction of a 136-unit residential subdivision Reference Number: S-C 2018-0001 Property Address: Lot 17, Concession 1 Municipality/UT: Municipality of Clarington OLT Case No.: OLT-22-003363 Legacy Case No.: PL190423 OLT Lead Case No.: OLT-22-003362 Legacy Lead Case No.: PL190422
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Aspen Garden Bowmanville Ltd. Subject: Site Plan Description: To permit the construction of a 136-unit residential subdivision Reference Number: SPA 2019-0005 Property Address: Lot 17, Concession 1 Municipality/UT: Municipality of Clarington OLT Case No.: OLT-22-003364 Legacy Case No.: PL190424 OLT Lead Case No.: OLT-22-003362 Legacy Lead Case No.: PL190422
Heard: May 6, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Aspen Garden Bowmanville Ltd. | Evan Barz Chris Barnett |
| Municipality of Clarington | David Donnelly |
| Regional Municipality of Durham | Robert Woon |
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG AND A. SNOWDON ON MAY 6, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is a scheduled Settlement Hearing for the above-noted matter. Aspen Garden Bowmanville Ltd. (“Appellants”) have filed appeals against the Municipality of Clarington’s (“Municipality”) failure to make a decision within the statutory time frames for applications to permit a development of 136 residential units with respect to property Lot 7, Concession 1, Clarington. The appeals were pursuant to s. 34(11), s.51(34) and s.41(12) of the Planning Act.
PARTY REQUEST/SETTLEMENT
2There was originally a Party status request from Bowmanville Village Inc., which was withdrawn by correspondence through its counsel, Quinto Annibale. The Tribunal noted the withdrawal, which then left the matter of the Settlement between the above Parties to be determined.
3Counsel for the Appellants, Mr. Barz, informed the Tribunal that Parties have yet to complete the Settlement documentation although Parties have settled the matter in principle. The Municipality’s counsel, Mr. Donnelly explained that the Municipality is still reviewing the draft instruments’ recent modifications while recognizing the Parties’ mutual efforts to resolve this matter.
4Mr. Barz urged the Tribunal to enforce a deadline for the return of reviewed Settlement materials to effect the Settlement expeditiously. Mr. Donnelly emphasized that the Appellants could have settled on the terms a year ago, but the recent pressure to speed up the review of documents implying a delay on the Municipality’s part is unjustified.
5The Tribunal acknowledges that it will assist Parties in settling the matter. Nevertheless, the Tribunal is not in a position to force Parties, who are voluntarily settling a matter, to deliver the purported Settlement materials from one Party to the other.
6The Tribunal understands that the Parties are in the process of Settlement, hence it will make sense for the Tribunal to schedule a Settlement hearing for the Parties. This will enable the Parties to complete the necessary reviews of the settlement materials and prepare for the hearing.
DISPOSITION
7The Tribunal will schedule a Settlement Hearing for the Parties on Monday, June 17, 2024.
8The Tribunal directs that the settlement materials be forwarded in advance to the Case Coordinator by Monday, June 10, 2024.
SETTLEMENT HEARING
9The Hearing is scheduled to proceed by Video on Monday, June 17, 2024 at 10 a.m.
10Parties and Participants 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:
GoToMeeting: https://global.gotomeeting.com/join/638422541
Access Code: 638-422-541
11Parties 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
12Persons 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: (Toll Free) 1 (888) 299-1889 or (647) 497-9373. The Access Code is as indicated above.
13Individuals 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 Settlement Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing events may be directed to the Tribunal’s Case Coordinator having carriage of this Case.
ORDER
14The Tribunal Orders that:
The Settlement Hearing will commence by Video Hearing on Monday, June 17, 2024 at 10 a.m.; and
Parties are to deliver the Settlement materials to the Case Coordinator by Monday, June 10, 2024.
15There is no further notice and these Panel Members are not seized.
“T.F. Ng”
T.F. NG
MEMBER
“A. Snowdon”
A. SNOWDON
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.