Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 21, 2025
CASE NO(S).: OLT-24-000870 OLT-24-000792
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Carey Homes Inc. and 2467858 Ontario Inc. Subject: Request to amend the Official Plan – Refusal of request Description: To permit the construction of a 19-unit townhome development Reference Number: Perth County OPA 225 Property Address: 1020 Walton Avenue N N4W 3S2 Municipality/UT: North Perth/Perth OLT Case No: OLT-24-000870 OLT Lead Case No: OLT-24-000870 OLT Case Name: Carey Homes Inc. and 2467858 Ontario Inc. v. North Perth (Municipality)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Carey Homes Inc. and 2467858 Ontario Inc. Subject: Application to amend the Zoning By-law – Refusal of application Description: To permit the construction of a 19-unit townhome development Reference Number: Z18-2023 Property Address: 1020 Walton Avenue N Municipality/UT: North Perth/Perth OLT Case No: OLT-24-000792 OLT Lead Case No: OLT-24-000792 OLT Case Name: 2467858 Ontario Inc. v. North Perth (Municipality)
Heard: March 12, 2025 by Video-Hearing
“Yasna Faghani” Wednesday, the 12th day of March, 2025 MEMBER
THESE MATTERS, in respect of the lands at as 1020 Walton Avenue North in the Municipality of North Perth, having come for a public hearing on March 12, 2025 before the Ontario Land Tribunal (the “Tribunal”) to consider a proposed, uncontested settlement,
AND THE TRIBUNAL having previously ordered these matters to be heard together;
AND THE TRIBUNAL having received, reviewed, and considered the following central materials and submissions:
i. the uncontested opinion evidence of Ms. Emily Elliot, Registered Professional Planner, as tendered orally as well as contained in her comprehensive affidavit sworn January 3, 2025 (marked as Exhibit 1 with all exhibits attached thereto);
ii. a draft Order submitted to give effect to the relief jointly being sought (marked as Exhibit 2);
iii. letter to Tribunal by Ms. Elliot addressing participant concerns dated January 10, 2025 (marked as Exhibit 3);
iv. letter to Tribunal by representative of County of Perth regarding withdrawing its objection of the Official Plan Amendment (“OPA”) Application (marked as Exhibit 4);
v. the Participant Statements of Bruce Wight and Jason Gerber;
vi. and oral submissions of counsel for the Parties;
AND THE TRIBUNAL having understood that the affidavit evidence of Ms. Elliot reflects revisions to the Zoning By-Law application before the Tribunal that were reached through the cooperative efforts of the Parties and also; addresses concerns of members of the Public and the Participants in this proceeding;
AND THE TRIBUNAL having considered that: Official Plan Amendment (“OPA”) 225 which is subject to these Appeals, contains a site-specific provision for the lands designated Urban Fringe to allow for development; following the filing of the OPA appeal, the County adopted 2024 Perth County Official Plan (2024 COP) and is currently awaiting provincial approval; and the Parties are agreed that the OPA application was submitted before the adoption of the 2024 COP and therefore the day after it receives provincial approval the need for the OPA 225 will be eliminated.
AND THE TRIBUNAL having accepted the opinion evidence of Ms. Elliot, as presented, and found that the applications have regard to those applicable matters of provincial interest found in section 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2024, conform to the County of Perth Official Plan, and otherwise reflect principles of good land use planning.
THE TRIBUNAL ORDERS THAT:
The Official Plan for the County Perth is amended as set out in Attachment 1 to this Order; and
The Municipality of North Perth Zoning By-law 6-ZB-1999 is hereby amended, in part, as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk to assign a number to this by-law for record keeping purposes.
“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.
Attachment 1
Attachment 2