Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 15, 2024
CASE NO(S).: OLT-23-001288
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Mayfield West Phase 1-2 Landowners Group
Subject: Proposed Official Plan Amendment
Description: OPA 270 to include policies on responding to Ministerial Zoning Order and Community Infrastructure and Housing Accelerator tool
Reference Number: POPA 2023-0004
Property Address: Town-wide
Municipality/UT: Caledon/Peel
OLT Case No: OLT-23-001288
OLT Lead Case No: OLT-23-001288
OLT Case Name: Mayfield West Phase 1-2 Landowners Group v. Caledon (Town)
Heard: May 6, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
Mayfield West Phase 1-2 Landowners Group
Patrick Harrington
Town of Caledon
David Germain Paula Boutis (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY ASTRID J. CLOS AND MICHAEL MENEZES ON MAY 6, 2024 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) convened for an appeal brought by Mayfield West Phase 1-2 Landowners Group (“Appellant”) pursuant to s. 17(24) of the Planning Act (“Act”) of the Town-wide Official Plan Amendment 270 (“OPA”) for the Town of Caledon (“Town”).
2The Appellant submitted written comments with respect to OPA 270 prior to the OPA’s adoption by Caledon Town Council on June 20, 2023.
3The purpose of OPA 270 is to amend the Implementation policies of the current Town of Caledon Official Plan (“OP”) to create a process for the assessment of Ministerial Zoning Order (“MZO”) and Community Infrastructure and Housing Accelerator (“CHIA”) requests. OPA 270 also amends the Caledon Official Plan to reflect updates to the Region of Peel Official Plan related to growth management/phasing, secondary plans, and block plans.
4The Appellant subsequently appealed OPA 270.
5The Affidavit of Service sworn on March 26, 2024, was entered as Exhibit 1.
STATUS REQUESTS
6In response to the notice, no requests for Party or Participant status were filed with the Tribunal.
SECOND CMC
7Patrick Harrington, Counsel for the Appellant, advised that Bill 185, the Cutting Red Tape to Build More Homes Act, 2024, in its Second Reading form has the potential to retroactively dismiss this appeal and includes content, which may affect the merits or policies of OPA 270.
8David Germain, Counsel for the Town, advised that the Town of Caledon’s Official Plan review is now complete, and a new OP has been adopted, which would fully or partially replace several of the policies under appeal in this matter. The new OP remains subject to approval and is not yet in force.
9The Parties were in agreement that these two ongoing matters cause difficulty in preparing a Draft Procedural Order and Issues List at this time.
10On this basis, the Parties jointly requested that the Panel schedule a second CMC in approximately three (3) months. The purpose of the second CMC will be to provide an update with respect to Bill 185 and the Town’s new OP as they relate to the appeal. The Parties will also continue their discussions and scope any issues related to the appeal. Based on the status of these ongoing matters, the CMC agenda may include establishing a date for the Parties to file a DPO and IL. In addition, a Merit Hearing for the appeal may be scheduled at the CMC, if appropriate.
11Accordingly, the Panel canvassed the availability of the Parties and scheduled a second CMC to commence at 10 a.m. on Monday, August 12, 2024 by Video Hearing.
12Parties and Participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/687587165
Access Code: 687-587-165
13Persons 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 +1 (647) 497-9373. The access code is as indicated above.
14Parties 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
Individuals 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 hearing 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.
15The Parties were reminded that Tribunal-led mediation is available at their convenience by contacting the Case Coordinator.
ORDER
16The Tribunal orders that:
a. A second CMC is scheduled at 10 a.m. on Monday, August 12, 2024, by Video Hearing.
17This Panel is not seized.
18No further notice will be provided.
“Astrid J. Clos”
ASTRID J. CLOS
MEMBER
“Michael Menezes”
MICHAEL MENEZES
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.