Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: September 26, 2024

CASE NO(S).: OLT-24-000129

PROCEEDING COMMENCED UNDER subsection 38(4) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Inverness Homes Inc.

Subject: Interim Control By-law

Description: Interim Control By-law for lands designated “Strategic Properties”

Reference Number: By-law 99-2023

Property Address: 28 High Street

Municipality/UT: Carleton Place / Lanark County

OLT Case No.: OLT-24-000129

OLT Lead Case No.: OLT-24-000129

OLT Case Name: Inverness Homes Inc. v. Carleton Place (Town)

Heard: August 22, 2024, by Video Hearing

APPEARANCES:

Parties	Counsel
Inverness Homes Inc.	Michelle Cicchino
Town of Carleton Place	Laura Robinson Emma Blanchard (in absentia)

MEMORANDUM OF ORAL DECISION DELIVERED ON AUGUST 22, 2024, BY S. DEBOER AND ORDER OF THE TRIBUNAL

INTRODUCTION

1The Tribunal convened a Case Management Conference (“CMC”) with respect to the appeals by Inverness Homes Inc. (“Applicant” / “Appellant”) pursuant to s. 38(4.1) of the Planning Act due to the Town of Carleton Place’s (“Town”) implementation of Interim Control By-law No. 99-2023 (“ICBL”). The municipal property pertaining to this appeal is municipally known as 28 High Street (“Subject Lands”).

2The Affidavit of Service by Brady Jorch dated June 19, 2024, was entered as Exhibit 1 to the Hearing.

PARTY OR PARTICIPANT REQUESTS

3The Tribunal did not receive any Party or Participant requests prior to or during the CMC.

4The Parties notified the Tribunal prior to the commencement of the CMC that a settlement had been reached pertaining to the Appellant’s lands and requested that the Tribunal approve the settlement as presented before it.

5Considering there were no other Parties or Participants to the matter, the Tribunal ruled that the CMC would be converted to a Settlement Hearing to hear the settlement.

BACKGROUND

6The Town uses a Development Permit By-law (“DP By-law”) to regulate land use and development of lands within the Town. The DP By-law is used in place of a zoning by-law, plan by-law and minor variances. The DP By-law identifies five strategic areas within the Town that are considered to be areas of new residential and commercial development. On November 7, 2023, the Committee of the Whole directed staff to move forward with a comprehensive review of the DP By-law to establish new designations, performance standards and guidelines across the municipality. As such, it was staff’s recommendation that an ICBL be implemented while the review process was being completed.

7On December 5, 2023, Town Council enacted the ICBL to control the development of lands designated as “Strategic Properties” for a one-year period. The Subject Lands are one of the “Strategic Properties” affected by the ICBL.

8In May 2022, the Appellant applied for a “Class 3 Development Permit” to develop a six-storey and a seven-storey residential building with commercial space included. On October 3, 2023, Council approved a development permit for the Subject Lands with four conditions. The conditions for the permit are listed below;

a. That the Applicant provide a deed to the Town verifying the successful acquisition of the Crown Lands;

b. That the application shall be modified to reflect a total of 211 units and a total of 356 square metres (“m²”) of gross floor area of commercial space;

c. That the Applicant prepare a joint-use-maintenance agreement to the satisfaction of the Town for the shared costs of landscape upgrades to the easement lands (totalling 860 m² and shown in the landscape plan) to facilitate public access; and

d. That following the completion of conditions a, b, and c, the Applicant execute a development agreement to the satisfaction of the Director of Development Services.

9This conditional approval preceded the enactment of the ICBL. The Appellant advised the Town that it would most likely take more than 12 months to complete the conditions and that the ICBL would not affect the timelines of the development of the Subject Lands. With that taken into consideration, the Appellant filed an appeal of the ICBL within the statutory timelines of the Planning Act.

THE SETTLEMENT

10The Parties presented Niki Dwyer, a registered professional planner, who currently works as the Director of Development Services for the Town. Ms. Dwyer was qualified to give expert opinion evidence in the area of land use planning pertaining to this matter. Ms. Dwyer’s Affidavit was entered as Exhibit 2 to the Hearing.

11Ms. Dwyer agreed with the Appellant’s position and she gave expert opinion evidence that the Subject Lands do not need to be a part of the “Strategic Properties” in the ICBL as this would hinder the Appellant from being able to fulfill their conditions of the previously conditionally approved Development Permit. It was Ms. Dwyer’s opinion that the proposed settlement is consistent with the Provincial Policy Statement, 2020, conforms to the Town of Carleton Place Official Plan and conforms to the existing DP By-law.

12Ms. Dwyer opined that the Subject Lands were conditionally approved prior to the enactment of the ICBL, and the purpose of the ICBL was not to hinder any proposals that had been approved prior to the enactment of the ICBL. As such, removal of the Subject Lands from the ICBL is appropriate and is good land use planning.

13Ms. Dwyer opined that the terms of the Settlement include extending the time needed to satisfy the revised conditions of approval to April 24, 2025.

14It was Ms. Dwyer’s opinion that these revised terms in the settlement are appropriate and should be approved by the Tribunal and that the Subject Lands should be removed from the ICBL. Ms. Dwyer recommended that the Tribunal attach Schedule “1” to the Town’s Schedule “A” of By-law No. 99-2023.

ANALYSIS AND FINDINGS

15Having heard the uncontroverted evidence of Ms. Dwyer, the Tribunal finds that the settlement, as presented, is appropriate and will allow for the Appellant to continue with the development of the Subject Lands.

16The Tribunal finds that the Settlement is in the provincial interest as per s. 2 of the Planning Act, is consistent with the Provincial Policy Statement 2020, and conforms with the Town of Carleton Place Official Plan as the use of the Subject Lands are not changing.

17The Tribunal finds that the settlement request is appropriate and that the ICBL should be amended by adding Schedule “1” to Schedule “A” to By-law No. 99-2023.

18The Tribunal finds that the settlement is considered to be good land use planning.

ORDER

19THE TRIBUNAL ORDERS that the appeal is allowed, in part, and Schedule “A” of By-law No. 99-2023 of the Town of Carleton Place is hereby amended as set out in Schedule 1 to this Order. The Tribunal authorizes the municipal clerk of the Town of Carleton Place to assign a number to this by-law for record keeping purposes. In all other respects, the Tribunal Orders the appeal is dismissed.

“S. deBoer”

S. deBOER

MEMBER

Ontario Land Tribunal

Website: 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.

SCHEDULE 1