Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 11, 2024
CASE NO(S).: OLT-23-001031, OLT-24-000240
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1463292 Ontario Inc.
Subject: Request to amend the Official Plan – Refusal of request
Description: To permit the development of 57 new dwelling units
Reference Number: OPA.1516.03
Property Address: 1020, 1024, 1028, 1032 and 1042 Sixth Line
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-23-001031
OLT Lead Case No.: OLT-23-001031
OLT Case Name: 1463292 Ontario Inc. v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1463292 Ontario Inc.
Subject: Application to amend the Zoning By-law – Refusal of application
Reference Number: Z.1516.03
Property Address: 1020, 1024, 1028, 1032 and 1042 Sixth Line
Municipality/UT: Oakville/Halton
OLT Case No.: OLT-23-001032
OLT Lead Case No.: OLT-23-001031
PROCEEDING COMMENCED UNDER subsection 34.1(1) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Applicant/Appellant: Taylor Rogers
Subject: Heritage Permit Application – Appeal of Refusal
Description: Heritage Permit Application for alteration and removal of cultural heritage
Reference Number: Hp039/23-42.20S
Property Address: 1042 Sixth Line
Municipality/UT: Town of Oakville
OLT Case No.: OLT-24-000240
OLT Lead Case No.: OLT-24-000240
OLT Case Name: Rogers v. Oakville (Town)
PROCEEDING COMMENCED UNDER subsection 33(9) of the Ontario Heritage Act, R.S.O. 1990, c. O.18
Applicant/Appellant: Taylor Rogers
Subject: Refusal/conditions of an application to alter a heritage designated property
Description: Heritage Permit Application for alteration and removal of cultural heritage
Reference Number: Hp039/23-42.20S
Property Address: 1042 Sixth Line
Municipality/UT: Town of Oakville
OLT Case No.: OLT-24-000241
OLT Lead Case No.: OLT-24-000240
Heard: September 10, 2024, by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| 1463292 Ontario Inc. | M. Nemanic, G. Mutlu |
| Town of Oakville | A. Biggart, J. Huctwith |
| Region of Halton | K. Yerxa |
MEMORANDUM OF ORAL DECISION DELIVERED BY GEORGE POLITIS AND T.F. NG ON SEPTEMBER 10, 2024, AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This was the third Case Management Conference (“CMC”) with respect to the Appeal by 1463292 Ontario Inc. regarding appeals brought pursuant to subsections 22(7) and 34(11) of the Planning Act by 1463292 Ontario Inc. (“Appellant”), resulting from a refusal by the Town of Oakville (“Town”) of an Official Plan Amendment and a Zoning By-law Amendment to permit the development of 57 new dwelling units at 1020, 1024, 1028, 1032, and 1042 Sixth Line, in the Town. With respect to the Ontario Heritage Act (“OHA”) Appeal, under the OHA subsections 34.1(1) and 33(9), this was the second CMC.
2Michael Nemanic, counsel for the Appellant, informed the Tribunal that the Procedural Order (“PO”) and Issues List (“IL”) had been filed. The Parties had resolved Issues 5a and 5b. Hence, there was no need for the Motion to strike.
3Mr. Nemanic informed the Tribunal that his client would be submitting a revised proposal for the Town and the Region of Halton’s (“Region”) consideration. This led to a protracted discussion between the Parties with regard to the need for supporting documents for the revised proposal and modifications of the issues as necessary. The draft PO’s deadlines will also need to be modified.
PARTY OR PARTICIPANT REQUESTS
4The Tribunal did not receive any further Party or Participant requests during this CMC.
MEDIATION
5The Tribunal reminded the Parties that they can avail themselves to Tribunal-led mediation if required.
PROCEDURAL ORDER AND ISSUES LIST
6The Tribunal directs the Parties to file the PO with the agreed deadlines filled in by Friday, September 13, 2024, for the 15-day Hearing from January 13, 2025, to February 3, 2025, that had previously been scheduled. The IL is to be finalized by Monday, November 4, 2024. Once finalized, the PO will govern the proceedings.
DISPOSITION
7The Tribunal directs that the revised proposal be submitted by the Appellant to the Town and the Region by Monday, September 16, 2024. The supporting Planning Justification Report and the supporting documents are to be submitted by Friday, October 4, 2024.
8THE TRIBUNAL SO ORDERS.
9The Panel Members are not seized.
“George Politis”
GEORGE POLITIS
MEMBER
“T.F. Ng”
T.F. Ng
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.