Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 6, 2025
CASE NO.: OLT-25-000091
PROCEEDING COMMENCED UNDER subsection 38(4.1) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: McArthur Island Inc., McArthur Square Development Inc., and 2668775 Ontario Inc.
Subject: Appeal of extension of interim control by-law 83-2024
Description: To pause review of Development Permits for “Strategic Properties” identified in current Development Permit By-law
Reference Number: By-law 83-2024
Property Address: 150 Mill Street
Municipality/UT: Carleton Place/Lanark
OLT Case No: OLT-25-000091
OLT Lead Case No: OLT-25-000091
OLT Case Name: McArthur Island Inc. et al. v Carleton Place (Town)
BEFORE:
HUGH S. WILKINS
VICE CHAIR
Friday the 6th day of June, 2025
THIS MATTER having come before the Tribunal by way of Written Hearing;
AND THE TRIBUNAL being in receipt of a request for the approval of a proposed settlement by the Town of Carleton Place (“Town”) and McArthur Island Inc., McArthur Square Development Inc. and 2668775 Ontario Inc (“Appellants”), submitted on consent of the Parties to this proceeding on May 7, 2025;
AND THE TRIBUNAL having considered the request, which proposes a settlement between the Appellants and the Town to fully dispose of the Appellants’ appeal of the Town’s By-law 83-2024 by:
- removing the property municipally known as 150 Mill Street, Carleton Place from being subject to the Town’s By-law 83-2024, which extends Interim Control By-law 99-2023 controlling the development and redevelopment of properties designated “Strategic Properties” in the Town’s Development Permit By-law 15-2015;
AND THE TRIBUNAL also being in receipt of and having considered the uncontested opinion evidence contained in the affidavit of Niki Dwyer, sworn on April 29, 2025;
AND WHEREAS the Tribunal qualifies Ms. Dwyer, who is the Director of Development Services in the Town’s Planning Department, to provide the Tribunal with opinion evidence in the area of land use planning;
AND WHEREAS Ms. Dwyer’s affidavit states that the Town’s By-law 99-2023 is an interim control by-law for the Town to control the development or redevelopment of properties designated as “Strategic Properties” in the Town’s Development Permit By-law 15-2015 for one year and that By-law 83-2024 was enacted by the Town to amend By-law 99-2023 to extend the interim development control for a further one-year period;
AND WHEREAS Ms. Dwyer’s affidavit confirms that the proposed amendment:
has regard for the applicable matters of provincial interest as set out in s. 2 of the Planning Act;
is consistent with the Provincial Policy Statement, 2024;
conforms with the Town’s Official Plan; and,
does not contradict the Town’s Development Permit By-law 15-2015.
THE TRIBUNAL allows the appeal of McArthur Island Inc., McArthur Square Development Inc. and 2668775 Ontario Inc., in part.
THE TRIBUNAL ORDERS that Town of Carleton Place By-law 83-2024 is amended by replacing paragraph 1 with the following:
That Interim Control By-law 99-2023 be amended to extend the timeframe to which the by-law applies for a further one (1) year period to December 5, 2025, except in regard to its application to the property municipally known as 150 Mill Street, Carleton Place.
THE TRIBUNAL ORDERS that each party shall bear its own costs of the appeal.
THE TRIBUNAL ORDERS that the appeal is otherwise dismissed.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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