Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
July 29, 2024
CASE NO(S).:
OLT 24-000470
OLT 23-001023
(Formerly PL150303)
OLT 23-000806
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant
Shoal Bayly Ontario Inc.
Subject:
Site Plan
Description:
Application for three site plan control approval
Property Address:
727 Shoal Point Road (Block 64)
Municipality/UT:
Ajax/Durham
OLT Case No:
OLT-24-000470
OLT Lead Case No:
OLT-24-000470
OLT Case Name:
Shoal Bayly Ontario Inc. v. Ajax (Town)
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Site Plan
Description:
Application for three site plan control approval
Property Address:
727 Shoal Point Road (Block 65)
Municipality/UT:
Ajax/Durham
OLT Case No:
OLT-24-000471
OLT Lead Case No:
OLT-24-000470
PROCEEDING COMMENCED UNDER section 41(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Site Plan
Description:
Application for three site plan control approval
Property Address:
727 Shoal Point Road (Block 66)
Municipality/UT:
Ajax/Durham
OLT Case No:
OLT-24-000472
OLT Lead Case No:
OLT-24-000470
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
Shoal Bayly Ontario Inc.
Subject:
Request to amend the Official Plan - Failure of the
Town of Ajax to adopt the requested amendment
Description:
To permit the development of a mix of 660 residential
units, a school block, park block, stormwater
infiltration/management block, and environmental
protection block.
Reference Number:
OPA 2014-006
Property Address:
727 Shoal Point Road
Municipality/UT:
Ajax/Durham
OLT Case No:
OLT-23-001023
Legacy Case No:
PL150303
OLT Lead Case No:
OLT-23-001023
Legacy Lead Case No:
PL150303
Case Name:
Magnum Opus Developments (Ajax) Corp. v. Durham
(Regional Municipality)
PROCEEDING COMMENCED UNDER section 17(40) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
Shoal Bayly Ontario Inc.
Subject:
Failure of the Region of Durham to announce a decision
respecting Proposed Official Plan Amendment No. OPA 2014-006
Description:
To permit the development of a mix of 660 residential
units, a school block, park block, stormwater
infiltration/management block, and environmental
Property Address:
727 Shoal Point Road
Municipality/UT:
Ajax/Durham
OLT Case No:
OLT-23-001042
Legacy Case No:
PL150459
OLT Lead Case No:
OLT-23-001023
Legacy Lead Case No:
PL150303
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
Shoal Bayly Ontario Inc.
Subject:
Application to amend Zoning By-law No. 95-2003 -
neglect of the Town of Ajax to make a decision
Description:
To permit the development of a mix of 660 residential
units, a school block, park block, stormwater
infiltration/management block, and environmental
protection block.
Reference Number:
Z2/11
Property Address:
727 Shoal Point Road
Municipality/UT:
Ajax/Durham
OLT Case No:
OLT-23-001043
Legacy Case No:
PL150460
OLT Lead Case No:
OLT-23-001023
Legacy Lead Case No:
PL150303
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Shoal Bayly Ontario Inc.
Subject:
Proposed Plan of Subdivision - Failure of the Town of Ajax to make a decision
Purpose:
To permit the development of a mix of 660 residential units, a school block, park block, stormwater infiltration/management block, and environmental protection block.
Property Address:
727 Shoal Point Road
Municipality:
Town of Ajax
Municipality File No.:
S-A-2011-02
OLT Case No.:
OLT-24-000422
Legacy Case No.:
PL150461
OLT Lead Case No.:
OLT-23-001023
Legacy Lead Case No.:
PL150303
PROCEEDING COMMENCED UNDER subsection 41(3.7) and (3.8) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Requested by:
Shoal Bayly Ontario Inc.
Subject:
Motion for Determination
Description:
Motion for directions to have the Tribunal determine whether all plans, drawings, information and material have been provided
Property Address:
727 Shoal Point Road
Municipality/UT:
Ajax/Durham
OLT Case No:
OLT-23-000806
Legacy Lead Case No:
OLT-23-000806
OLT Case Name:
Shoal Bayly Ontario Inc. v. Ajax (Town)
Heard:
July 4, 2024, via video conference
APPEARANCES:
Parties
Counsel/Representative
Shoal Bayly Ontario Inc.
John Alati and Michael Cook (in absentia)
Town of Ajax
John Hart and Andrew Biggart (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 4, 2024 AND ORDER OF THE TRIBUNAL
1The following directions flow from the first case management conference to consider appeals by Shoal Bayly Ontario Inc. against Council’s failure to make decisions pursuant to s. 41(12) with respect to three related application seeking site plan approval for lands subject of applications to amend the Official Plan designation, the zoning and draft plan of subdivision, collectively subject of the Tribunal (differently constituted) Order dated May 01, 2024 under Tribunal Case Number OLT 23-001023, all for lands known municipally as 727 Shoal Point Road.
2The three site plan applications are also subject of Tribunal Case Number OLT 23-000806, and Order issued February 1, 2024, which at the time of writing, is awaiting a decision on the request for Leave to Appeal argued May 24, 2024, before Divisional Court.
3Notwithstanding the outstanding matters before the Courts, the Parties have agreed that given that the appeals of the Official Plan and Zoning By-law amendments have been scheduled for a nine day hearing commencing February 18, 2025, it is prudent to at this time to anticipate that the site plan appeals could be heard together with those appeals, extending the hearing by several days.
4The Town however has taken the position to not circulate the revised site plan application materials, awaiting the outcome of the Court proceedings, and therefore neither Party is in a position to draft an issues list for the consideration of the Tribunal at this time.
5The Tribunal will however amend the calendar to allow sufficient time for the matters to be heard together with the scheduled hearing to consider and decide the merits of the appeals filed to amend the Official Plan and Zoning By-law for the site.
6Anticipating a decision from the Court by the fall, a second CMC was scheduled for Tuesday, October 29, 2024 at 10 a.m. to crystalize any issues related to the site plan applications.
7The hearings are scheduled to proceed by video as follows: Tuesday, October 29, 2024 at 10 a.m. GoTo Meeting: https://global.gotomeeting.com/join/709076365 Access code: 709-076-365 Audio-only telephone line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Tuesday, February 18, 2025 at 10 a.m. (OLT-24-000470, OLT-23-001023) GoTo Meeting: https://global.gotomeeting.com/join/914098901 Access code: 914-098-901 Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
8Parties 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.
9Parties 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
10Persons 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.
11Individuals 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.
12At the October 29th Case Management Conference the Parties will combined the site plan issues with those subject of the procedural order issued May 1 2024, and revise the hearing dates as may be further necessary to reflect the extended time frame ordered in this decision to accommodate hearing the appeals of the site plan applications together with the appeals to amend the Official Plan and Zoning By-law. The draft revised procedural Order and Issues list shall be submitted to the Tribunal one week prior to October 29th.
ORDER
13The Tribunal Orders that the appeal of the site plan applications be heard together with the scheduled appeals of the applications to amend the Official Plan and Zoning By-law, all for lands known as 727 Shoal Point Road, as set out above in this decision.
“Sharyn Vincent”
SHARYN VINCENT
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.