Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: May 15, 2025

CASE NO.: OLT-24-000406

PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Larry Dunn
Subject: By-law No. 2024-14
Description: To permit the amendment of Zoning By-law 2018-65
Reference Number: P3359
Property Address: 516681 7th Line
Municipality/UT: The Blue Mountains/ County of Grey
OLT Case No.: OLT-24-000406
OLT Lead Case No.: OLT-24-000406
OLT Case Name: Larry Dunn v. The Blue Mountains (Town) et al

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Larry Dunn
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of the lands for a 22 residential unit draft plan of vacant land condominium
Reference Number: 42CDM-2023-05
Property Address: 516681 7th Line
Municipality/UT: The Blue Mountains/ County of Grey
OLT Case No.: OLT-24-000799
OLT Lead Case No.: OLT-24-000406

BEFORE:

S. BOBKA MEMBER

Tuesday, the 6th day of May, 2025

THIS MATTER, in respect of the lands at 516681 7th Line in the Town of Blue Mountains, having come for a public hearing on April 22, 2025, before the Ontario Land Tribunal (the “Tribunal”); and

THE TRIBUNAL having been advised by the Parties on February 21, 2025, that a full uncontested settlement had been reached, on consent, by Larry Dunn (the “Applicant” / “Appellant”), the County of Grey (the “County”), and the Town of The Blue Mountains (the “Town”);

AND THE TRIBUNAL, having been provided by Affidavit, submitted on consent of the Parties, a written Witness Statement from Colin Travis, a Member of the Canadian lnstitute of Planners and a Registered Professional Planner with the Ontario Professional Planners lnstitute, whom the Tribunal qualified to provide expert opinion evidence in land use planning;

AND THE TRIBUNAL having considered the written materials filed, and the uncontroverted expert opinion evidence of Mr. Travis, and having accepted those opinions, is satisfied that the Settlement as presented: has regard to those applicable matters of provincial interest found in Section 2 of the Planning Act; is consistent with the Provincial Planning Statement 2024; conforms to the County Official Plan and the Town Official Plan; conforms to the Niagara Escarpment; and represents good planning in the public interest;

AND THE TRIBUNAL having found that the proposed instruments will contribute to the provision of a range of housing options in a settlement area, represent an efficient use of municipal infrastructure, including water and sewage services, and feature appropriate management of stormwater management systems. And that, the proposal is compatible, appropriate, desirable, represents good planning and is in the public interest;

NOW THEREFORE

THE TRIBUNAL ORDERS THAT the appeals are allowed, in part, and:

a) The Zoning By-law Amendment is hereby approved as set out in Attachment 1 to this Final Order;

b) The Draft Plan of Vacant Land Condominium is also hereby approved as set out in Attachment 2 to this Final Order; and,

c) The approval of the Draft Plan of Vacant Land Condominium is subject to the Draft Plan Conditions set out in Attachment 3 to this Final Order;

AND THE TRIBUNAL ORDERS that pursuant to Subsections 51(56.1) and 51(58) of the Planning Act, the County of Grey shall have the authority to clear the Draft Plan Conditions set out in Attachment 3 and to administer final approval of the Draft Plan of Vacant Land Condominium set out in Attachment 2.

The Tribunal may be spoken to in the event any matter arises in connection with the implementation of 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.

ATTACHMENT 2

ATTACHMENT 3