Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 22, 2025
CASE NO(S).: OLT-24-001157
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cachet Developments (Elora) Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of 152 single-detached dwellings, 117 street townhouse dwellings
Reference Number: RZ014/22
Property Address: 75 Woolwich Street East
Municipality/UT: Centre Wellington/ Wellington
OLT Case No.: OLT-24-001157
OLT Lead Case No.: OLT-24-001157
OLT Case Name: Cachet Developments (Elora) Inc. v. Wellington (County)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Cachet Developments (Elora) Inc.
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the development of 152 single-detached dwellings, 117 street townhouse dwellings
Reference Number: 23T- 22005
Property Address: 75 Woolwich Street East
Municipality/UT: Centre Wellington/ Wellington
OLT Case No.: OLT-24-001158
OLT Lead Case No.: OLT-24-001157
Heard: May 15, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
Cachet Developments (Elora) Inc.
Sarah Kagan Ira T. Kagan Kristie Stitt (in absentia)
Township of Centre Wellington
Eric Davis
County of Wellington
Peter Pickfield Colin Leger (in absentia)
Upper Grand District School Board
Brad Teichman Justine Reyes (in absentia)
DECISION DELIVERED BY Kurtis Smith AND ORDER OF THE TRIBUNAL
INTRODUCTION
1Following the First Case Management Conference (“CMC”) held on January 24, 2025, the parties reached a full settlement, executing Minutes of Settlement (Exhibit 6). Therefore, the parties requested that this hearing event be converted to an uncontested settlement hearing and release the previously scheduled 10-day merit hearing.
2Cachet Developments (Elora) Inc. (“Applicant”) proposes to develop the 12.5 hectare (“ha”) lands municipally known as 75 Woolwich Street East in the Municipality of Centre Wellington (“Township”), in the County of Wellington (“County”). The Applicant applied for a Zoning Bylaw Amendment (“ZBA”) and filed a Draft Plan of Subdivision application (“DPS”) in 2022 to facilitate the development, and on November 14, 2024, the Applicant filed appeals of non-decision.
3The revised proposed development now sought will see the construction of 269 dwelling units comprised of 152 single detached and 117 townhouse dwellings, a 0.63 ha open space park (“Park”), two walkway blocks, a service block, an overland flow block, and public streets as shown in Attachment 2.
4The two walkway blocks enable pedestrians to travel to and from the (1) Park to the existing residential development to the south and (2) the adjacent Salem Public School which, is part of the Upper Grand District School Board (“UGDSB”).
5The Tribunal, based on Matthew Cory’s Curriculum Vitae and Acknowledgement of Experts Duty, qualified Mr. Cory to provide opinion evidence in the area of land use planning.
EVIDENCE & FINDINGS
6Mr. Cory provided the Tribunal with a fulsome written opinion evidence (Exhibit 1) and focused oral evidence at the hearing. His evidence found that the revised proposed development has regard for Provincial Interest under s. 2 of the Planning Act (“Act”), is consistent with the Provincial Planning Statement 2024 (“PPS”) and conforms with the Wellington County Official Plan (“WCOP”) and the Township of Centre Wellington Official Plan (“Township OP”). Furthermore, that the DPS has regard for matters listed in S. 51(24) of the Act and that the conditions of draft plan approval are “typical, standard, and fair” and therefore are appropriate.
7The above-mentioned planning documents effecting the ZBA and DPS have several common themes and are implemented by the applications including:
- Appropriate and desirable urban design including window streets and enhanced street presence along Woolwich Street E by providing rear access townhouses.
- Contributes to diversifying the range and mix of housing by providing townhouses and single detached lot size options.
- Supports active transportation through the installation of sidewalks on both sides of the street, walkways that connects to the existing neighbourhood, local public school and proposed Park.
- Optimizes existing municipal infrastructure as the lands are fully serviced and are planned to be developed at a higher density than the surrounding land uses.
- Protects natural features by including an environmental easement along the west side of the Lands to protect the existing tree canopy and providing overflow land blocks to ensure proper lot grading and drainage control plans.
8On the uncontested evidence of Mr. Cory the Tribunal finds that the revised ZBA have due regard for matters of Provincial Interest in s. 2 of the Act, is consistent with the PPS, conforms with the WCOP and Township OP and that the conditions of DPS has regard for the criteria of s. 51 (24) of the Act and that the revised conditions are reasonable.
ORDER
9THE TRIBUNAL ORDERS THAT the Zoning By-law Amendment appeal is allowed in part, and By-law No. 2009-045, as amended, is hereby amended as set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk of the Township of Centre Wellington to assign a number to this by-law for record keeping purposes;
10AND FURTHER THE TRIBUNAL ORDERS THAT the draft Plan of Subdivision appeal is allowed in part and the draft plan as attached as Attachment 2 is approved, subject to the fulfillment of the conditions set out in Attachment 3 to this Order;
11AND THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act, the County of Wellington shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.
“Kurtis Smith”
Kurtis Smith
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.
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