Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 16, 2024
CASE NO(S).: OLT-24-000526
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: R.W. Tomlinson Ltd.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a Class A gravel pit
Reference Number: OPA40
Property Address: 432 Storyland Road
Municipality/UT: Horton/Renfrew
OLT Case No.: OLT-24-000526
OLT Lead Case No.: OLT-24-000526
OLT Case Name: R.W. Tomlinson Ltd. v. Renfrew (County)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: R.W. Tomlinson Ltd.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a Class A gravel pit
Reference Number: ZB2246.9
Property Address: 432 Storyland Road
Municipality/UT: Horton/Renfrew
OLT Case No.: OLT-24-000527
OLT Lead Case No.: OLT-24-000526
OLT Case Name: R.W. Tomlinson Ltd. v. Horton (Township)
Heard: September 10, 2024
APPEARANCES:
Parties
Counsel/Representative
R. W. Tomlinson Ltd.
J. Polowin
M. Polowin (in absentia)
County of Renfew
E. Blanchard
Township of Horton
A. E. Fleming
MEMORANDUM OF ORAL DECISION DELIVERED BY A. MASON ON SEPTEMBER 10, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This first Case Management Conference was held with respect to Appeals filed pursuant s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990 c. P. 13, as amended, with respect to the failure of the Township of Horton to make a decision within the statutory time period on Applications for Official Plan Amendment and Zoning By-Law Amendment. The Applications were filed by R. W. Tomlinson Ltd. (“Tomlinson”) to permit a below water pit on lands located at 432 Storeyland Road in the Township of Horton.
NOTICE
2An Affidavit of Service sworn on August 9, 2024, attesting to giving of notice for this proceeding, was marked as Exhibit 1.
STATUS REQUESTS
3The Tribunal did not receive any requests for Party or Participant status.
HEARING EVENT TO CONSIDER A SETTLEMENT
4At the outset of the CMC, counsel for Tomlinson advised that the Parties had come to agreement on the matters in dispute and wished to schedule a hearing event for the Tribunal to consider a settlement. The Tribunal set down Friday, November 1, 2024, for a written Hearing event to consider a settlement between the Parties.
ORDER
5The Tribunal’s direction set out above is so ordered.
6No further notice will be given.
7This Member is not seized but may be spoke to for case management purposes.
“Ashley Mason”
A. MASON
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.