Perthmore Enterprises Inc. v. Lanark (County), 2024 CanLII 51682

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 27, 2024

CASE NO(S).: OLT-24-000210

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant and Appellant: Perthmore Enterprises Inc.

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit a 94 unit residential subdivision consisting of single detached dwellings, semi-detached dwellings, and a 3 1/2 storey residential building.

Reference Number: D14-PE-12-20

Property Address: Part Southwest Half and Part Northeast Half Lot 3, Concession 2, Geographic Township of Drummond, being Part 1 on 27R-7125 and Part 1 on 27R-8420 except PL88, 27M-3, 27M-14, 27M-16, 27M-21, 27M-55 and Parts 3, 4 on 27R-7540, Town of Perth, County of Lanark

Municipality/UT: Perth/Lanark

OLT Case No.: OLT-24-000210

OLT Lead Case No.: OLT-24-000210

OLT Case Name: Perthmore Enterprises Inc. v. Lanark (County)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended.

Applicant and Appellant: Perthmore Enterprises Inc.

Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision

Description: To permit a 94 unit residential subdivision consisting of single detached dwellings, semi-detached dwellings, and a 3 1/2 storey residential building.

Reference Number: 09-T-21001

Municipality/UT: Perth/Lanark

OLT Case No.: OLT-24-000211

OLT Lead Case No.: OLT-24-000210

OLT Case Name: Perthmore Enterprises Inc. v. Lanark (County)

Heard: May 6, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
Perthmore Enterprises Inc. (“Appellant”)	Joshua Moon, Noémie Ducret
Town of Perth	Tony Fleming
County of Lanark	Gregory Meeds

MEMORANDUM OF ORAL DECISION DELIVERED BY YASNA FAGHANI AND ERIC S. CROWE ON MAY 6, 2024, AND ORDER OF THE TRIBUNAL

INTRODUCTION

1This event was the first Case Management Conference (“CMC”) for the above noted matters. Perthmore Enterprises Inc. (“Appellant”) filed an appeal against the Town of Perth’s (“Town”) failure to make a decision for a zoning by-law amendment (“ZBA”) pursuant to s. 34(11) of the Planning Act (“Act”). The second appeal is under s. 51(34) for a plan of subdivision (DPS) under the Act. The subject property is known municipally as Part Southwest Half and Part Northeast Half Lot 3, Concession 2, Geographic Township of Drummond, being Part 1 on 27R-7125 and Part 1 on 27R-8420 except PL88, 27M-3, 27M-14, 27M-16, 27M-21, 27M-55 and Parts 3, 4 on 27R-7540, Town of Perth (“Subject Property”).

2The ZBA application is to rezone the subject lands from Residential First Density (R1h) and Environmental Protection Area (EP) to Residential Third Density (R3), Residential Fourth Density (R4), and Open Space (OS).

3The DPS application under appeal is to facilitate a phase 6 proposed development that is comprised of residential lots that will be detached, semi-detached residential units and a medium density apartment building of three and half storeys. The proposed development will have a combined total of 94 residential units.

4The Town is the approval authority for the ZBA and did not make a decision within the statutory timeframe prescribed by the Act. The County is the approval authority for the DPS and similarly did not make a decision within the statutory timeframe prescribed by the Act. The Appeals are being heard together for administrative purposes.

AFFIDAVIT OF SERVICE

5The Tribunal was in receipt of three Affidavit of Services sworn by Joshua Moon on April 19, 2024. At the request of the Appellant, the Tribunal marked the Affidavit of Service by regular mail sworn on April 19, 2024 as Exhibit 1a.; the Affidavit of Service by email sworn on April 19, 2024 as Exhibit 1b.; and Affidavit of Efforts of Service sworn on April 19, 2024 as Exhibit 1c. There were no issues with the Service of Notices for the CMC and as such, no further notice is required.

REQUEST FOR PARTICIPANT STATUS

6In advance of the CMC, the Tribunal received two Participant requests. Dana Tulk and Doug and Michele Bender requested Participant status in this proceeding. Based on a review of their statements, the Tribunal finds that both Participants have a genuine interest in the proceedings. Neither the Town, the County nor the Applicant opposed their requests for status, and the Tribunal granted them each Participant status as requested.

IDENTIFICATION OF ISSUES, PREPARATION OF A DRAFT PROCEDURAL ORDER AND ISSUES LIST, AND SCHEDULING OF A FURTHER CMC

7Joshua Moon, Counsel for the appellant, provided the background of the application with the Tribunal. He noted that the parties are scheduled to continue discussions on May 10 and 17, 2024 with the aim of narrowing the issues and possibility settlement of some or all of the issues. Both Mr. Meeds and Mr. Fleming agreed that ongoing discussions would assist in narrowing the issues. The Tribunal finds that after meeting with the parties it will have a better understanding of the issues, number of witnesses and appropriate time necessary for a hearing. As such a second CMC is scheduled for Wednesday June 19, 2024 at 10:00 a.m., via video conference.

8The Tribunal requests that the Parties work together and file a draft Procedural Order with the Tribunal by Wednesday, June 12, 2024 to be considered at the next CMC.

9Parties 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.

10The CMC is scheduled to proceed by Video as follows:

https://global.gotomeeting.com/join/519389173

Access Code: 519-389-173

11Persons 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.

12Parties 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

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 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.

MEDIATION

14The parties were advised of Tribunal-led mediation. The Tribunal encourages the Parties to continue discussions in an effort to narrow or resolve all of the issues in dispute.

ORDER

15THE TRIBUNAL ORDERS a second CMC has been scheduled for Wednesday June 19, 2024.

16THE TRIBUNAL ORDERS that the Parties file a draft Procedural Order with the Tribunal by Wednesday, June 12, 2024.

“Yasna Faghani”

YASNA FAGHANI

MEMBER

“Eric S. Crowe”

Eric S. Crowe

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.