Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 03, 2025
CASE NO(S).: OLT-24-000703
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Paul Leduc Subject: Application to amend the Zoning By-law – Refusal of application Description: To facilitate salvage yard operation Reference Number: ZA2024-01 - 010-005-26303-0000 - Zoning By-Law No. 76-19 Property Address: 293 Highway 583 South Municipality/UT: Hearst/Cochrane OLT Case No: OLT-24-000703 OLT Lead Case No: OLT-24-000703 OLT Case Name: Leduc v Hearst (Town)
Heard: November 26, 2024 by Video Hearing
APPEARANCES
| Parties | Counsel/Representative* |
|---|---|
| Patrick Lecours | Peter Giblet* |
| Town of Hearst | Emma Blanchard |
MEMORANDUM OF ORAL DECISION DELIVERED BY YASNA FAGHANI ON NOVEMBER 26, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This hearing was the first Case Management Conference ("CMC”) before the Tribunal with respect to an Appeal under section 34(14) of the Planning Act by Patrick Lecours (“Applicant”) resulting from the refusal by the Town of Hearst (“Town”) regarding Zoning By-Law Amendment (“Application”) for the lands known as 293 Highway 583 South, in the Town (“Subject Property”).
2The Applicant leases the Subject Property and operates SML Recycling. The Subject Property contains an industrial garage and single detached dwelling. It is used as a small-scale salvage yard which is a non-conforming use. Part of Subject Property in zoned M1-S3, the remainder is zoned NR. The commercial garage is a permitted use under M1-S3 (Light industrial Special Provision 3); however, salvage yards are not a permitted use under the NR zone. The purpose and effect of the Application is to change the zoning symbol from RU/M1-S3 to M2 to allow the Applicant to legally operate the salvage yard under the Town’s Zoning By-law.
NOTICE
3At the CMC, Counsel for the Town raised concerns with Notice. She advised that a few days prior to the CMC the Town was contacted by a neighbour of the Subject Property, who was on the contact list, inquiring about the CMC and was provided with details of the CMC.
4On the day of the CMC, Tribunal received an email from an individual on the contact list requesting to participate in the CMC but “due to lack of notice” he was not able to join and requested a rescheduling of the CMC in order for proper Notice of CMC (“Notice”) to be provided.
5Mr. Giblet, the representative for the Applicant confirmed that the Notice was not provided because his client failed to provide the contact list in a timely manner. As such, he confirmed proper Notice was not served according to the Tribunal’s Rules of Practice and Procedure.
6Counsel for the Town recommended scheduling a further CMC. To ensure Notice will be served appropriately, counsel advised that the Town could take on the responsibly of serving Notice so that those who wished to participate in the proceedings would have an opportunity to do so. Counsel for the Applicant agreed with this approach.
7The Tribunal agreed to schedule a further CMC on January 15, 2024 and ordered the Town to serve Notice.
WITHDRAWL
8On December 2, 2024, the Tribunal received a letter from the Applicant’s representative advising that the Applicant wished to withdraw the Appeal.
9The Tribunal acknowledged the withdrawal request and proceeded to close the file on this matter.
“Yasna Faghani”
YASNA FAGHANI 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.