Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 24, 2024
CASE NO(S).: OLT-23-000134
PROCEEDING COMMENCED UNDER subsection 38(4.1) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Amar Group of Developments Limited
Appellant: Valleywood Resident Association
Subject: Interim Control By-law 2021-092
Description: To extend the Interim Control By-law in Bolton and Mayfield West for a further year to allow staff to complete the Major Transit Station Area Land Use Study
Reference Number: RZ-2021-0018
Property Address: Various Locations
Municipality: Town of Caledon
OLT Case No.: OLT-23-000134
OLT Lead Case No.: OLT-23-000134
OLT Case Name: Amar Group of Developments Limited v. Caledon (Town)
Heard: January 18, 2024 by Written Hearing
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Amar Group of Developments Limited (“Amar”) | M. Cara* |
| Valleywood Resident Association (“Valleywood”) | R. Harrison |
| Town of Caledon (“Town”) | M. Rubin* |
DECISION DELIVERED BY S. TOUSAW AND ORDER OF THE TRIBUNAL
Link to Final Order
Introduction
1The Town of Caledon (“Town”) passed Interim Control By-law 2022-086 (“ICBL Extension”) on December 12, 2022 to extend, for 12 months, Interim Control By-law 2021-92 (“ICBL”) passed a year earlier, on December 14, 2021. The effect of the ICBL Extension was to continue the ICBL for a second year, to December 14, 2023.
2The ICBL affected two separate areas in the Town, being within Bolton and Mayfield West, to prohibit further development while the Town completed land use studies and amendments to its planning documents related to transit planning.
3Two appeals were filed against the ICBL Extension. Valleywood withdrew its appeal. Amar settled its appeal with the Town, and such settlement is endorsed by this Decision.
4Somewhat unusual here is the Tribunal issuing a Decision on a by-law that is no longer in effect. The ICBL, via its ICBL Extension, expired on December 14, 2023. Amar and the Town had agreed on a settlement to the appeal a few months earlier and requested the Tribunal’s endorsement through a written hearing. With the issuance of this Decision following the expiration of the ICBL, the Tribunal finds that this Decision is moot in law, but is issued at the request of the Parties to endorse the settlement and to complete the public record.
Settlement
5In arriving at the following findings, the Tribunal qualifies Michael Vani, Registered Professional Planner, to provide opinion evidence in land use planning. The Tribunal accepts his uncontested, affirmed affidavit, marked as Exhibit 1.
6The northern portion of Amar’s 14.8 hectare property (“site”) in Bolton is located within 800 metres to the south of the Bolton GO Station, being one of the areas subject to the ICBL. The southerly two-thirds of the site lie outside the area affected by the ICBL.
7Amar filed a Site Plan Application (“SPA”) in mid-2021 seeking approval for a transportation depot and associated warehouse building, followed by a resubmission in mid-2022 to address the comments from the Town and agencies.
8The settlement exempts this site from the ICBL. The proposed industrial use in this location satisfies all applicable requirements, including the following:
- has due regard for the Provincial interests of s. 2 of the Planning Act, including orderly development, employment opportunities and the resolution of planning conflicts;
- is consistent with the Provincial Policy Statement, 2020, including efficient development patterns, growth management, avoidance of adverse effects on sensitive uses, and the efficient use of services and infrastructure;
- conforms with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020, including supporting a designated employment area that is found to be sufficiently set back from a major transit station;
- conforms with the Peel Region Official Plan, which designates this site as Employment Area, and outside of the Major Transit Station Area (“MTSA”) in Bolton;
- conforms with the Caledon Official Plan, which designates most of this site as Dry Industrial Area, with a narrow Environmental Policy Area at its west side;
- complies with the Town Zoning By-law in the zones of Unserviced Industrial (MU) and Environmental Protection (EPA-1).
9Karen Bennett, Registered Professional Planner, on behalf of the Participant Aaron Wisson representing the Caledon Community Partners, advised that they have no objection to the settlement between Amar and the Town.
10On the uncontested opinion evidence of Mr. Vani, the Tribunal endorses the settlement and allows the appeal in part by exempting this site from the ICBL, having found that its development implements all applicable planning policies and has no negative effect on the Bolton MTSA.
ORDER
11THE TRIBUNAL ORDERS THAT the appeal of Amar Group of Developments Limited is allowed, in part, and its property at 0 Humber Station Road in the Town of Caledon (PT LT 9 CON 5 ALBION; PT LT 10 CON 5 ALBION AS IN RO972957 & PTS 1, 2, 3 & 4, 43R17648 TOWN OF CALEDON) is exempt from Interim Control By-law 2022-086.
“S. Tousaw”
S. TOUSAW VICE-CHAIR
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.