Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 9, 2025
CASE NO(S).: OLT-24-000636
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2381842 Ontario Inc. c/o Manorwood Homes Inc.
Subject: Application to amend the Official Plan – Failure to make a decision within statutory period
Description: To facilitate 5 storey residential building
Reference Number: OPAZ-2-2022
Property Address: 70799 and 70791 London Road
Municipality/UT: South Huron/Huron
OLT Case No: OLT-24-000636
OLT Lead Case No: OLT-24-000636
OLT Case Name: 2381842 Ontario Inc. v South Huron (Municipality)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: 2381842 Ontario Inc. c/o Manorwood Homes Inc.
Subject: Application to amend the Zoning By-law – Failure to make a decision within statutory period
Description: To facilitate 5 storey residential building
Reference Number: OPAZ-2-2022
Property Address: 70799 and 70791 London Road
Municipality/UT: South Huron/Huron
OLT Case No: OLT-24-000637
OLT Lead Case No: OLT-24-000636
BEFORE:
BITA M. RAJAEE MEMBER Monday, the 9th day of June, 2025
THIS MATTER having come before the Tribunal for a hearing, in writing, and for a Case Management Conferences on August 28, 2024;
THE TRIBUNAL, having been advised by the Parties, 2381842 Ontario Inc. c/o Manorwood Homes Inc., the Municipality of South Huron (“Municipality”), and the County of Huron on March 20, 2025, that a full settlement agreement had been reached among all Parties;
AND THE TRIBUNAL, having received and considered material from the Parties, including but not limited to:
i. A comprehensive Affidavit, signed on March 20, 2025 by Caroline Baker, a Registered Professional Planner and full member of the Canadian Institute of Planners and the Ontario Professional Planners Institute;
ii. The attached Exhibits to the Affidavit of Caroline Baker;
iii. The Minutes of Settlement as among the Parties;
iv. The draft Official Plan Amendment (“OPA”); and
v. The draft Zoning By-law Amendment (“ZBA”).
AND THE TRIBUNAL having accepted the uncontradicted opinion evidence of Carline Baker, who, based on her experience and knowledge, was qualified by the Tribunal to provide expert opinion evidence in the field of Land Use Planning, with respect to a proposed OPA and ZBA for lands known municipally as 70799 and 70791 London Road, Exeter, in the Municipality;
AND THE TRIBUNAL finding that the OPA and ZBA, as revised by the settlement agreement, are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario, the County of Huron, and the Municipality, including:
i. The Planning Act, R.S.O. 1990, c. P.13;
ii. The Provincial Policy Statement, 2020;
iii. The Provincial Planning Statement, 2024;
iv. The Huron County Official Plan, 2021;
v. The South Huron Official Plan and the draft South Huron Official Plan (2025); and
vi. The Municipality of South Huron Zoning By-law No. 68-2019.
AND THE TRIBUNAL being satisfied that the OPA and ZBA, as revised by the settlement agreement, meet the required legislative tests, represent good planning, and are in the public interest in various ways, including but not limited to the following:
They have regard for matters of Provincial interest indicated in the Planning Act, and are consistent with the Provincial Policy Statement (2020) and the Provincial Planning Statement (2024). The proposed redevelopment facilitated by the OPA and ZBA will address existing housing shortages in Exeter and provide a greater range and mix of housing forms and tenure. The proposed redevelopment utilizes an underutilized infill opportunity within the urban boundary with access to transportation networks and municipal servicing.
They address the policies of the Municipality of South Huron Official Plan and the new South Huron Official Plan by promoting a greater range of housing and addressing matters related to land use compatibility and investment and redevelopment in the core area of Exeter.
Matters related to land use compatibility have been addressed through the completion and analysis of a Sun Shadow Study, in compliance with the Huron County Residential Intensification Guidelines, the Traffic Impact Study, the Parking Study and the use of the angular plane for the ratio of building height to yard setbacks. Matters related to municipal servicing have been addressed through the Functional Servicing Report, municipal review, and the settlement agreement.
AND THE TRIBUNAL finding that, based on the above and on the material submitted, the OPA and ZBA, as revised by the settlement agreement, warrant approval;
NOW THEREFORE,
THE TRIBUNAL ORDERS THAT:
The appeal by 2381842 Ontario Inc. c/o Manorwood Homes Inc. (“Applicant”), pursuant to section 22(7) of the Planning Act, is allowed, in part, and the Official Plan for the Municipality of South Huron is amended as set out in Schedule A to this Order.
The appeal by the Applicant, pursuant to section 34(11) of the Planning Act, is allowed, in part, and Zoning By-law No. 69-2018 of the Municipality is hereby amended as set out in Schedule B to this Order. The Tribunal authorizes the municipal clerk of the Municipality to assign a number to this by-law for record keeping purposes.
“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.