Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: February 12, 2025
CASE NO.: OLT-24-000486
PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2869614 Ontario lnc.
Applicant: 2869614 Ontario lnc.
Subject: Proposed Official Plan Amendment
Description: To permit the incorporation of new Secondary Plan policies and corresponding land use and transportation schedules for the Howard Industrial Park District into the Town of Amherstburg’s Official Plan.
Reference Number: County File No. 37-OP-2023-014 and Amherstburg File No. OPA-24
Property Address: Lands between County Road 8 and North Sideroad and County Road 9 and Concession Road 8
Municipality: Amherstburg
OLT Case No.: OLT-24-000486
OLT Lead Case No.: OLT-24-000486
OLT Case Name: 2869614 Ontario Inc. v. Amherstburg (Town)
BEFORE:
J. INNIS
Tuesday, the 28th
MEMBER
day of January, 2025
THIS MATTER, having come before the Tribunal for a hearing, in writing, on January 28, 2025 to consider a final resolution of this proceeding on consent of the Parties,
THE TRIBUNAL having been advised in writing on November 15, 2024, that a full settlement agreement had been reached between all Parties;
AND THE TRIBUNAL, having received and considered:
i. The uncontested opinion evidence of Dr. Christopher Aspila, a registered professional planner in his Affidavit sworn on October 22, 2024 and in his supplementary Affidavit sworn on February 7, 2025;
ii. The Motion Record filed by the Applicant and the Affidavit and Exhibits contained therein, including:
a) The Township of Amherstburg Administrative Report for Council Consideration dated November 12, 2023;
b) The proposed Land Use Schedule to the Howard Industrial Park District Secondary Plan and the Secondary Plan Background Report;
c) The County of Essex’s Notice of Decision to approve the Official Plan Amendment 24 to the Official Plan of the Town of Amherstburg, dated March 20, 2024.
iii. The Minutes of Settlement executed by 2869614 Ontario Inc. and the Town of Amherstburg; and
iv. The confirmation that the County takes no position on the proposed settlement relating to the approval of Official Plan Amendment 24.
AND THE TRIBUNAL, having accepted the uncontested Affidavit evidence of Dr. Aspila, with respect to an Official Plan Amendment (“OPA”) before the Tribunal in respect of the lands located between North Townline Road (County Road 8) and North Side Road, and between Howard Avenue (County Road 9) and Concession Road 8 in the Town of Amherstburg (“Subject Property”), and having found that the OPA is consistent with, conforms to, and are in keeping with applicable policies and guidelines of the Province of Ontario and County of Essex, and Township of Amherstburg, including:
i. The Planning Act;
ii. The Provincial Planning Statement, 2024;
iii. County of Essex Official Plan
iv. Township of Amherstburg Official Plan
AND THE TRIBUNAL having found that the requested OPA, as revised pursuant to the settlement agreement of the Parties, meets the required legislative tests, represents good planning and is in the public interest.
THE TRIBUNAL THEREFORE ORDERS THAT: the appeal is allowed in part, and Official Plan Amendment 24 for the Township of Amherstburg, is hereby approved, as set out in Attachment 1 to this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
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.