Ontario Land Tribunal / Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 18, 2024
CASE NO(S).: OLT-22-004820
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1063755 Ontario Ltd.
Appellant: Municipality of West Grey
Subject: Proposed Official Plan Amendment No. 11
Description: To implement the 2021 Growth Management Strategy and additional housekeeping changes
Property Address: Grey County Wide Amendment
Municipality/UT: County of Grey
Reference Number: Grey County OPA #11; Grey County By-law 5145-22
OLT Case No.: OLT-22-004820
OLT Lead Case No.: OLT-22-004820
OLT Case Name: 1063755 Ontario Ltd v. Grey (County)
PROCEEDING COMMENCED UNDER subsection 10(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Request by: Town of Hanover
Request for: Request for Directions
Heard: May 27, 2024 in writing
APPEARANCES:
Parties
Counsel
1063755 Ontario Ltd. (o/a Magwood Family Farms)
Denise Baker Micah Goldstein
Municipality of West Grey
Leo Longo
County of Grey
Sarah Hahn Matthew Hodgson
Town of Hanover
Stephen D’Agostino
DECISION DELIVERED BY K.R. ANDREWS AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Appeals brought by 1063755 Ontario Limited (“Magwood Family Farms”) and the Municipality of West Grey concern the adoption of Official Plan Amendment 11 (“OPA 11”) by the County of Grey, which purports to prescribe policies with respect to the direction of future growth in the County. The Town of Hanover (“Town”) was added as a Party earlier in these proceedings.
2More specifically, the appeals relate to items # 4, 6, 7, 47 and 89 of OPA 11. The remainder of OPA 11 is in force and effect. Items # 7 and 47 of OPA 11 concern lands in West Grey, adjacent to the Town, and propose to identify these lands as Future Secondary Plan Areas (“FSPAs”). Through their appeals, both Magwood and West Grey cited issues with the two newly proposed FSPAs. Magwood also cited concerns with items # 4, 6, and 89 of OPA 11.
3Disposition of the matter has now come before the Tribunal as a settlement hearing.
4In accordance with the Parties’ executed Minutes of Settlement, the Parties jointly propose that items # 7 and 47 of OPA 11 be modified, while no modifications are proposed to items # 4, 6, and 89.
5The Tribunal confirms that it has received, reviewed and considered the Parties’ jointly submitted “Settlement Hearing Document Book” (marked as Exhibit 1), which contains the following:
i. the uncontested opinion evidence of Scott Taylor (“Expert Taylor”), a Registered Professional Planner and full member of the Canadian Institute of Planners, contained in their comprehensive affidavit sworn May 22, 2024;
ii. the executed minutes of settlement; and
iii. a draft Order jointly submitted to give effect to the relief sought.
Decision and order
6The Tribunal understands that the aforementioned sworn affidavit evidence of Expert Taylor reflects revisions to OPA 11 that were reached through the cooperative efforts of the Parties.
7The Tribunal accepts the opinion evidence of Expert Taylor as presented in their affidavit and similarly finds that OPA 11, as revised, has regard to those applicable matters of provincial interest found in section 2 of the Planning Act, is consistent with the Provincial Policy Statement, 2020, conforms to the County Official Plan 2019, and represents good land use planning.
ORDER
8THE TRIBUNAL ORDERS that the appeals are allowed, in part, and orders that the County of Grey Official Plan Amendment No. 11 (“OPA 11”) is modified as set out in Attachments “1” and “2” to this Order, and OPA 11 is approved as modified. The Tribunal authorizes the municipal clerk of the County of Grey to format OPA 11 as may be necessary.
9The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“K.R. Andrews”
K.R. ANDREWS
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.
ATTACHMENT 1
ATTACHMENT 2