Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 05, 2024
CASE NO(S).: OLT-23-000616
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 1608316 Ontario Inc. and See Path Group Inc.
Appellant: Frontdoor Developments (Garrard) Inc.
Appellant: Frontdoor Developments (Palmerston) Inc.
Subject: Proposed Official Plan Amendment
Description: The purpose of OPA 130 is to introduce additional policies to aid in managing residential infill and intensification in mature neighbourhoods in the study area.
Reference Number: By-law # 7996-23, OPA# 130
Property Address: 780 Garden Street
Municipality/UT: Whitby/Durham
OLT Case No.: OLT-23-000616
OLT Lead Case No.: OLT-23-000616
OLT Case Name: 1608316 Ontario Inc. and See Path Group Inc. v. Whitby (Town)
Heard: August 29, 2024 by Telephone Conference Call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Front Door Developments (Garrard) Inc. and Front Door Developments (Palmerston) Inc. | Matthew Helfand |
| Town of Whitby | Andrew Biggart |
MEMORANDUM OF ORAL DECISION DELIVERED BY David Brown ON August 29, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The Tribunal convened a Case Management Conference (“CMC”) in respect of Appeals filed by Frontdoor Developments (Garrard) Inc. and Frontdoor Developments (Palmerston) Inc. (“Appellants”) pursuant to s. 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended (“Act”) against the adoption of Official Plan Amendment 130 (“OPA 130”) by the Town of Whitby (“Town”). OPA 130 introduces policies to manage infill development and intensification in established residential neighbourhoods.
2The Appellants and the Town have been engaged in settlement discussions, however, a resolution has not yet been achieved.
3The Appellants have two properties in the Town that received development approvals prior to the adoption of OPA 130. The Appellants have proposed transitional provisions that would resolve their Appeals and permit the developments and OPA 130 to move forward.
4A Settlement Offer from the Appellant has been proposed to the Town, however, due to the timing and vacation schedules of Town staff and Council, a response to the Settlement Offer has not been finalized.
5Counsel proposed that the Parties provide the Tribunal with a written status update by September 25, 2024, which will provide an update on the settlement discussions, and request either a Hearing to consider the Settlement or the merits of the Appeals. Alternatively, the Appeals may be withdrawn.
6The Tribunal concurs with the Parties proposition and directs that the Parties provide an update in writing on the settlement discussions on or before Wednesday, September 25, 2024. The update shall include a request to either schedule a Hearing to consider the terms of the Settlement or a hearing on the merits of the Appeals. Alternatively, the update shall advise that the Appeals are to be withdrawn and provide a date by which a Letter requesting a withdrawal of the Appeals is to be filed.
7The Tribunal notes that a draft Procedural Order (“PO”) was filed with the Tribunal as required by the Tribunal’s Order issued June 25, 2024, in respect of this matter. Should the Parties request that a Merit Hearing be scheduled, the Parties shall provide a final PO, inclusive of an Issue List, on of before Wednesday, October 23, 2024.
8Failing any of the above, the Parties shall request the Tribunal schedule a further CMC to address the matters that are impacting the resolution of the Appeals before the Tribunal.
ORDER
9THE TRIBUNAL ORDERS the directions contained within this decision.
“David Brown”
DAVID BROWN 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.