Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 16, 2025
CASE NO(S).: OLT-24-001092
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: David and Dawn Carter
Subject: Application to amend the Zoning By-law – Refusal of application
Description: To permit the existing secondary suite and to add an addition to the dwelling.
Reference Number: PLZ-HA 2024-067
Property Address: 20 Featherstone Avenue
Municipality/UT: Haldimand/Haldimand
OLT Case No: OLT-24-001092
OLT Lead Case No: OLT-24-001092
OLT Case Name: David and Dawn Carter v. Haldimand (County)
Heard: May 14, 2025 by video hearing
APPEARANCES:
Parties
Counsel
David and Dawn Carter
P. Lombardi
Haldimand County
P. Maloney S. Premi (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON MAY 14, 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) in the matter of an Appeal by David and Dawn Carter (“Appellants”) arising from the failure of Haldimand County to approve a Zoning By-law Amendment Application, pursuant to ss. 34(19) of the Planning Act, for the property located at 20 Featherstone Avenue.
2The Appellants are seeking to permit the existing secondary suite and to add an addition to the dwelling.
3The Tribunal marked the Affidavit of Service as Exhibit 1.
PARTICIPANT STATUS REQUESTS
4Prior to the CMC, the Tribunal received a number of Participant status requests. The Tribunal granted one request per household, to the individuals present at the CMC, and it will consider the Participant statements when making a decision.
5Cory and Ron Gowland, Michael Balogh and Paul Brown were not present at the CMC; thus, their status request is denied.
6The Tribunal granted Participant status to:
Alyson and Fraser Fernie
Annmarie Thompson
Eric Hagedorn
Sharon and Garry Stroud, and
Heather McDermid-Moerman and Larry Moerman.
HEARING
7Prior to the CMC, the Parties informed the Tribunal that they have resolve their issues and requested to convert this CMC into a settlement Hearing. Given the number of the Participants and their issues, the Tribunal determined that it would be prudent to proceed with this event as a CMC, and to have a Hearing on a different date, to take into account the Participants’ concerns. The Tribunal canvased the Parties and they agreed to proceed with this Hearing in writing. The Tribunal directed the Parties to reach out to the assigned Case Coordinator to schedule a date for a written Hearing.
ORDER
8The Tribunal directives above are so ordered.
9This Member is not seized.
10There will be no further notice.
“P. Tomilin”
p. tomilin
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.