Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 19, 2024
CASE NO(S).: OLT-23-000534
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Caivan (Perth GC) Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit 940 single detached dwellings and townhomes, a nine-hole golf course, park and open space areas
Reference Number: OPA-01-2023
Property Address: 141 Peter Street, Part of Lots 26 & 27, Concession 1, Part Lots 25, 26 & 27, Concession 2, Geographic Township of Bathurst, and Part Lot 1 in Southeast Half Lot 1, Concession 1, Part Lot 1 in Southwest Half Lot 1, Concession 2, Geographic Township of Drummond, now in the Town of Perth, County of Lanark
Municipality/UT: Town of Perth / County of Lanark
OLT Case No.: OLT-23-000939
OLT Lead Case No.: OLT-23-000534
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Caivan (Perth GC) Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit 940 single detached dwellings and townhomes, a nine-hole golf course, park and open space areas
Reference Number: ZBL-03-2023
Property Address: 141 Peter Street, Part of Lots 26 & 27, Concession 1, Part Lots 25, 26 & 27, Concession 2, Geographic Township of Bathurst, and Part Lot 1 in Southeast Half Lot 1, Concession 1, Part Lot 1 in Southwest Half Lot 1, Concession 2, Geographic Township of Drummond, now in the Town of Perth, County of Lanark
Municipality/UT: Town of Perth / County of Lanark
OLT Case No.: OLT-23-000940
OLT Lead Case No.: OLT-23-000534
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Caivan (Perth GC) Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit 940 single detached dwellings and townhomes, a nine-hole golf course, park and open space areas
Reference Number: 09-T-22001
Property Address: 141 Peter Street, Part of Lots 26 & 27, Concession 1, Part Lots 25, 26 & 27, Concession 2, Geographic Township of Bathurst, and Part Lot 1 in Southeast Half Lot 1, Concession 1, Part Lot 1 in Southwest Half Lot 1, Concession 2, Geographic Township of Drummond, now in the Town of Perth, County of Lanark
Municipality/UT: Town of Perth / County of Lanark
OLT Case No.: OLT-23-000534
OLT Lead Case No.: OLT-23-000534
OLT Case Name: Caivan (Perth GC) v Lanark County
Heard: September 13, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Caivan (Perth GC) Limited (Applicant/Appellant) | Patrick Harrington |
| County of Lanark | Gregory Meeds |
| Town of Perth | Spencer Putnam Tony Fleming (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY J. Innis ON September 13, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This is the third Case Management Conference (“CMC”) with respect to the Tribunal’s Case File No. OLT-23-000534. This file relates to an appeal filed by Cavian (Perth GC) Limited (“Applicant”) pursuant to s. 22(7), s. 34(11) and s.51(34) of the Planning Act (“Act”), concerning the failure to make a decision by the Town of Perth (“Town”) within the statutory timeframe prescribed by the Act, with respect to an Official Plan Amendment (“OPA”) application, a Zoning By-Law Amendment (“ZBA”) application and by Lanark County(“County”) with respect to a Draft Plan of Subdivision (“DPS”) application (together the “Applications”).
2The Applications facilitate the redevelopment of approximately 17 hectares of the existing Perth Golf Course, located at 141 Peter Street in the Town (“Subject Property”), with approximately 940 dwelling units.
PRELIMINARY MATTERS
3In the Decision from the second CMC, held on February 12, 2024, the Tribunal approved a revised draft Procedural Order and Issues list (“PO/IL”) for an 18-day Merit Hearing scheduled to commence on August 19, 2024. Subsequently, on June 27, 2024, at the request of all Parities, the Tribunal granted an adjournment for the Hearing and converted September 13, 2024 (the last day of the scheduled Hearing) to a third CMC to allow the Parties an opportunity to provide the Tribunal with a status update. Further, on consent of the Parties, the Tribunal scheduled a 14-day Merit Hearing from Monday, February 10, 2025, and ending on Friday, February 28, 2025 (exclusive of February 17, 2025 – Family Day) at 10 a.m. by Video Hearing.
4The purpose of the granted adjournment was to permit the Parties additional time for greater analysis of issues pertaining to the presence and limits of floodplain areas affecting the Subject Property, requiring further review and discussions with the Rideau Valley Conservation Authority (“RVCA”).
5At the CMC, Counsel for the Applicant advised the Tribunal that through consultation with the RVCA, floodplain mapping reflective of the current information and data, as well as suitable cut/fill locations within the Subject Property, have been identified. Further, the Applicant has used this time to revisit on-site issues pertaining to setbacks to wetland features, the alignment of the internal lotting pattern, new roads and the integration of the proposed crossings. As a result of this work, the Applicant circulated an updated version of their conceptual DPS to the Town and County, and revisions to the proposed OPA and ZBA will follow to match the updated conceptual DPS. The Applicant intends to proceed with the necessary RVCA permitting process in the meantime.
6The Parties jointly requested, and the Tribunal accordingly scheduled a fourth CMC, permitting time for the Parties’ experts to meet and exchange comments or concerns regarding the proposed revised conceptual DPS.
7On consent, the Parties are to provide the Tribunal with a revised draft PO/IL by Friday, November 15, 2024. If the issues have been scoped, the Tribunal may further reduce the length of the 14-day Merit Hearing scheduled to commence on February 10, 2025, at the CMC. The Parties shall also provide an update to the Tribunal at the fourth CMC in regard to any potential settlement opportunities.
8Lastly, at the fourth CMC, the Tribunal shall revise the deadline for Participant Statement re-submissions based on the revised conceptual DPS, OPA and ZBA.
FOURTH CMC
9Upon request of the parties, the Tribunal set a fourth CMC hearing commencing on Tuesday, November 19, 2024, at 10 a.m. by Video Hearing. No further Notice is required.
10Parties 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.
Tuesday, November 19, 2024, at 10 a.m. (One-day CMC)
GoTo Meeting: https://global.gotomeeting.com/join/656004293
Access code: 656-004-293
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 656-004-293
Monday, February 10, 2025, at 10 a.m. (14-day Merit Hearing)
GoTo Meeting: https://meet.goto.com/943363669
Access code: 943-363-669
Audio-only line: (Toll Free) 1-888-299-1889 or +1 (647) 497-9373
Audio-only access code: 943-363-669
11Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
12Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
13Individuals 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 events may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
14The Tribunal Orders the direction set out above.
15There will be no further notice.
16The Member is not seized but may be spoken to through the Case Coordinator if any issues arise.
“J. Innis”
j. inniS
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.