Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 05, 2024
CASE NO(S).: OLT-23-001077
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Lucas Schilder
Subject: By-law No. 71-2023
Description: Appealing Incorrect Zoning By-law No. 71-2023
Reference Number: 71-2023
Property Address: 84630 Marnoch Line, 85043 Marnoch Line, 83925 Currie Line, 85190 Beecroft Line, 85270 Beecroft Line, 38934 Belgrave Road, 39705 Belgrave Road, 39725 Belgrave Road, 39791 Belgrave Road
Municipality/UT: Township of North Huron
OLT Case No.: OLT-23-001077
OLT Lead Case No.: OLT-23-001077
OLT Case Name: Schilder v. North Huron (Township)
Heard: May 9, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Lucas Schilder | Jonathan Minnes |
| Township of North Huron | Gregory Stewart |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. DIXON AND N. ALLAM ON May 9, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION AND BACKGROUND
1This Decision and Order arises from the first Case Management Conference (“CMC”) held regarding an appeal by Lucas Schilder pursuant to s. 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”), concerning Zoning By-law No. 71-2023 (“ZBL”) to the Township of North Huron (“Township”).
2The ZBL is a municipally initiated comprehensive zoning by-law amendment that seeks to implement the Township’s updated official plan.
3Mr. Schilder is the full- or part-owner of the properties municipally known as 84630 Marnoch Line, 85043 Marnoch Line, 83925 Currie Line, 85190 Beecroft Line, 85270 Beecroft Line, 38934 Belgrave Road, 39705 Belgrave Road, 39725 Belgrave Road, and 39791 Belgrave Road in the Township (“Subject Properties”).
4The ZBL introduces a new “Natural Environment” zone on the Subject Properties, which Mr. Schilder contends does not accurately reflect or permit the ongoing agricultural uses – including plantation uses – on portions of the Subject Properties.
NOTICE
5The Tribunal received an Affidavit of Service affirmed by Victoria Munroe on April 23, 2024, which was marked as Exhibit 1. There were no concerns with the service of Notice for the CMC and as such, no further notice is required in these proceedings.
REQUESTS FOR STATUS
5There were no requests for Party or Participant status at the CMC.
SCOPING OF APPEAL
6As initially filed, the Appeal applies to the entirety of the ZBL on a Township-wide basis. Prior to the CMC, the Parties advised the Tribunal that they have agreed to the scoping of the Appeal such that it applies only to the geographic extents of the Subject Properties (“Scoped Appeal”).
7Accordingly, it was submitted that, by virtue of the Scoped Appeal, the ZBL is no longer subject to appeal for all lands outside of the Subject Properties and can come into force for same, pursuant to s. 34(31) of the Act, which states:
Unappealed portions
(31) Despite subsection (30), before all of the appeals have been finally disposed of, the Tribunal may make an order providing that any part of the by-law not in issue in the appeal shall be deemed to have come into force on the day the by-law was passed. 1993, c. 26, s. 53 (5); 2017, c. 23, Sched. 5, s. 80.
8The Parties further agreed that the partial approval of the ZBL would be without prejudice to the Scoped Appeal, such that the Township will not take the position that a different set of zoning provisions cannot be approved for the Subject Properties as a result of the ZBL being brought into force for all lands not subject to the Scoped Appeal.
OPPORTUNITIES FOR SETTLEMENT
9The Parties advised the Tribunal that they are engaged in discussions to resolve all or part of the Scoped Appeal via settlement. To that end, Mr. Minnes, counsel for Mr. Schilder, advised the Tribunal that his client is in the process of retaining a land use planner and an environmental expert to conduct analyses of the Subject Lands that will inform the settlement discussions.
NEXT STEPS
10The Parties agreed that the appropriate course of action is to provide the Tribunal with an update towards the end of the summer, following the advancement of the expert analyses and settlement discussions.
11The Tribunal directed that the Parties provide the Tribunal with an update by no later than Friday, September 13, 2024. If appropriate, the Parties may request the scheduling of a further CMC or a hearing date for the consideration of a settlement at that time.
ORDER
12THE TRIBUNAL ORDERS that the Appeal by Lucas Schilder is hereby scoped to include only the following properties located in the Township of North Huron and municipally known as:
- 84630 Marnoch Line;
- 85043 Marnoch Line;
- 83925 Currie Line;
- 85190 Beecroft Line;
- 85270 Beecroft Line;
- 38934 Belgrave Road;
- 39705 Belgrave Road;
- 39725 Belgrave Road; and
- 39791 Belgrave Road.
13THE TRIBUNAL ORDERS that, in accordance with s. 34(31) of the Planning Act, all parts of Zoning By-law No. 71-2023 for the Township of North Huron are deemed to have come into force on the day the Zoning By-law was passed by the Township for all properties not listed in the above Order.
14THE TRIBUNAL ORDERS that, pursuant to Rule 24.3 of the Ontario Land Tribunal Rules of Practice and Procedure, the above Orders are effective as of May 9, 2024.
15THE TRIBUNAL ORDERS that counsel to Mr. Schilder shall provide a status update to the Tribunal by no later than Friday, September 13, 2024.
16This Panel is not seized.
“S. Dixon”
s. Dixon Member
“N. Allam”
N. ALLAM 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.