Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 30, 2024
CASE NO(S).: OLT-24-000395
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Centre West Management Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 10 townhomes
Reference Number: Z1-23
Property Address: 4 Bank Street
Municipality/UT: Essa/Simcoe
OLT Case No.: OLT-24-000395
OLT Lead Case No.: OLT-24-000395
OLT Case Name: Centre West Management Ltd. v. Essa (Township)
Heard: July 15, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Centre West Management Ltd. ("Applicant/Appellant") | David White |
| Township of Essa ("Township") | Paula Lombardi |
MEMORANDUM OF ORAL DECISION DELIVERED BY MICHAEL MENEZES ON JULY 15, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the first Case Management Conference ("CMC") regarding the development of the property known as 4 Bank Street, Angus in Essa ("Subject Property") consisting of 0.382 hectares of vacant land. The Subject Property is currently zoned "Residential, Low Density, Detached (R1 Zone)". The Applicant seeks a Zoning By-law Amendment to permit the development of the Subject Property ("Application").
2The Application and supporting materials were submitted on January 7, 2023, for 10 townhomes and were deemed complete as of January 27, 2023. Discussions between the Appellant and the Township staff are ongoing with alternate proposals under review.
3The Appeal brought to the Tribunal by the Applicant on April 4, 2024, is a result of the Township's failure to decide within the legislative timeframe and pursuant to subsection 34(11) of the Planning Act.
STATUS REQUESTS
4There were no Party status requests made nor Party status granted to the proceedings.
5Whilst no written Participant status requests were received by the Tribunal 10 days before this CMC, there were six neighbours who individually and verbally outlined their concerns and interest in the proceedings and requested the Tribunal to grant them Participant status. The Tribunal confirmed that they would need to submit their written requests to the Case Coordinator by July 22, 2024, for consideration by the Tribunal. Counsel for the Appellant and the Township had no objections.
6On review of the four written requests received by July 22, 2024, the Tribunal granted Participant status to Melissa Millerson, Jessica Salituri, Lawrence Hou and Tony Bucci. No written requests were received by the above date from Steve and Kamini Khan.
OPPORTUNITIES FOR SETTLEMENT
7Counsel for the Parties advised the Tribunal that whilst the discussions between the Parties over the last several months have narrowed down the differences, some core Issues remain that would need to be adjudicated by the Tribunal at a two-day Merit Hearing.
8The Parties were made aware that the Tribunal is available to assist with Tribunal-led mediation and requests can be made through the Case Coordinator.
NEXT STEPS
9Whilst no draft Procedural Order ("PO") was provided to the Tribunal prior to the CMC, Counsel for the Parties confirmed that the finalized PO, Issues List, and Hearing Plan will be submitted to the Tribunal by Tuesday, August 6, 2024, for review and issuance.
10Based on the request of the parties, the Tribunal scheduled a two-day Merit Hearing set to commence on Monday, January 13, 2025 at 10 a.m. by Video Hearing.
11Parties 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:
GoTo Meeting: https://global.gotomeeting.com/join/909787981
Access code: 909-787-981
12Parties 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.
13Persons 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: +1 (647) 497-9391 or (Toll-Free) 1-888-455-1389. The Access Code is as indicated above.
14Individuals 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 event may be directed to the Tribunal's Case Coordinator having carriage of this Case.
ORDER
15The Tribunal orders the above directives.
16The Member is not seized.
17There will be no further notice.
"Michael Menezes"
MICHAEL MENEZES
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.