Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 11, 2024
CASE NO(S).: OLT-23-001001
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Landea Developments Inc.
Applicant: Township of Lucan Biddulph
Subject: Proposed Official Plan Amendment
Description: To expand the settlement area boundary of the Village of Lucan.
Reference Number: 39-LB-OPA10
Property Address: Part of Lot 29, Concession 5
Municipality/UT: Lucan Biddulph/Middlesex
OLT Case No: OLT-23-001001
OLT Lead Case No: OLT-23-001001
OLT Case Name: Landea Developments Inc. v. Middlesex (County)
Heard: July 5, 2024, by Video Hearing
APPEARANCES:
Parties
Counsel/Representative*
Landea Developments Inc.
Analee Baroudi
Township of Lucan Biddulph
Paula Lombardi
County of Middlesex
Wayne Meagher
Gilrad (Lucan) Development Inc.
Michael Radcliffe*
MEMORANDUM OF ORAL DECISION DELIVERED BY KURTIS SMITH ON July 5, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference regarding the Appeal filed under s. 17 (36) of the Planning Act, by Landea Development Inc. (“Appellant”) in the Township of Lucan Biddulph (“Township”) relating to the Township’s Municipal Comprehensive Review/Official Plan update.
2The Appellant’s lands, Municipally known as Part of Lot 29, Concession 5 (“Landea Lands”) were recommended to be included in the proposed settlement boundary expansion for the community of Lucan. Following Council deliberation, the proposed settlement boundary expansion was adjusted, removing the Appellant’s lands therefore keeping the current agricultural designation intact for the Landea Lands.
3Official Plan Amendment No. 10 (“OPA 10”) was adopted by the Township in May of 2022 and then approved thereafter on September 12, 2023, by the approval authority, the County of Middlesex (“County”).
4The Tribunal received and marked the Affidavit of Service of the Notice of the CMC, sworn by Tina Merner as Exhibit 1. There were no issues with the service of Notice of the CMC, and as such, no further notice is required.
STATUS REQUEST
5Prior to the Commencement of the CMC, the Tribunal received one Party status request and one Participant status request.
6The Party status request was received by Gilrad (Lucan) Developments Inc. (“Gilrad”), which owns the lands adjacent to and north of the Landlea Lands. Similarly to Landea, the Gilrad lands had been recommended for inclusion in the boundary expansion, however were removed prior to the OPA 10 adoption.
7At the time of the CMC Gilrad had not obtained Counsel representation and Mr. Michael Radcliffe, co-owner of Gilrad attended the CMC. Mr. Radcliffe explained that he understands the obligations of a Party and that Gilrad intends to obtain Counsel representation if granted Party status.
8Without objection from the Parties, the Tribunal granted Party status to Gilrad as they have a direct interest in the Appeal and can assist the Tribunal in adjudicating this matter. Furthermore, the Tribunal noted that Gilrad is required to identify the issues they are sheltering under that are raised by the Appellant.
9The Participant Status request filed by Matthew Van Geel of Van Geel Building Company Inc. explains that he has a direct interest in the Appeal as he is the proponent of a future land development project on lands that have been added to the settlement boundary through OPA 10.
10The Tribunal granted Participant Status request filed by Mr. Van Geel, without objection of the Parties.
NEXT STEPS
11Ms. Baroudi communicated to the Tribunal that the Draft Procedural Order (“DPO”) and Issues list (“IL”) has been circulated with the statutory Parties prior to the commencement of the CMC. She requested that the final DPO and IL be submitted to the Tribunal on consent of the Parties on or before Friday, July 26, 2024, for the Tribunals review and approval.
12Ms. Baroudi stated that a deadline will be included in the DPO for the filing of a dismissal motion by the Township relating to impacts, if any Bill 185 has regarding the Appeal.
13Following a brief discussion with the Parties, it was determined that four days would be required to fully address the Appeal.
14The Tribunal advised that four consecutive days are available for the Hearing of the Merits in respect of this matter. The four (4) day Video Hearing of the Appeal will commence at 10:00 a.m. on Monday, January 20, 2025, continuing to Thursday, January 23, 2025.
15Parties and Participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections:
GoToMeeting: https://global.gotomeeting.com/join/660145013
Access Code: 660-145-013
16Parties 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
17Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling in to an audio-only telephone line: (Toll Free) 1 888-299-1889 or +1 (647) -497-9373.The access code is indicated as above.
18Individuals 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.
ORDER
19THE TRIBUNAL ORDERS the following:
a. Gilrad (Lucan) Development Inc. is granted Party Status;
b. Matthew Van Geel is granted Participant Status;
c. The Draft Procedural Order and Issues List is to be submitted to the Tribunal on consent of the Party’s on or before Friday, July 25, 2024; and
d. That the Hearing of the Merits is scheduled to commence on Monday, January 20, 2025, as outlined above.
20The Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“Kurtis Smith”
Kurtis Smith
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.