Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 25, 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. Perth (Town)
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
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, now in the Town of Perth, County of Lanark
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: June 19, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Perthmore Enterprises Inc. | Joshua Moon Noémie Ducret |
| Town of Perth | Tony Fleming |
| County of Lanark | Gregory Meeds |
MEMORANDUM OF ORAL DECISION DELIVERED BY ERIC S. CROWE ON JUNE 19, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This event was the second Case Management Conference (“CMC”) for the above noted matters. Perthmore Enterprises Inc. (“Appellant”) filed an Appeal against the Town of Perth (“Town”) for its failure to make a decision regarding 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, in the Town (“Subject Property”).
2The ZBA application under appeal is to rezone the Subject Property 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 of Lanark (“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.
REQUEST FOR PARTICIPANT OR PARTY STATUS
5In advance of this CMC, the Tribunal received no further requests for either Participant or Party status.
PROCEDURAL ORDER, ISSUES LIST, AND SCHEDULING OF A HEARING
6Joshua Moon, Counsel for the Appellant, provided the status update of the application with the Tribunal. He noted that the Parties have held several meetings and drafted a Procedural Order (“PO”) and circulated an Issues List (“IL”) amongst themselves. However, the issues still require work to be narrowed down and agreed upon. The Parties are requesting a five-day Hearing in November, 2024 based on the numerous issues in this case. Both Mr. Meeds and Mr. Fleming agreed that a five-day Hearing is appropriate.
7The Tribunal canvassed the Parties regarding the time needed to prepare a finalized PO and IL. On consent, the Tribunal directed that the complete PO be provided to the Case Coordinator no later than Friday, August 9, 2024. Counsel for the Appellant will coordinate and provide the PO to the Tribunal by the appointed date. If this date cannot be achieved, Counsel for the Appellant is requested to advise the Case Coordinator as soon as this is reasonably known. The Tribunal may, as necessary, arrange the further attendance of the Parties by Telephone Conference Call.
DISPOSITION
8Based on the submissions of the Parties, the Tribunal finds that a five-day Hearing is reasonable, and as such, a Hearing is scheduled for Monday, November 4, 2024 at 10 a.m., via Video Hearing, ending on Friday, November 8, 2024.
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:
GoTo Meeting: https://meet.goto.com/943363669
Access Code: 943-363-669
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: +1 (647) 497-9373 or (Toll Free) 1-888-299-1889. 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 Video Hearing 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 Hearing to be scheduled for Monday, November 4, 2024.
“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.