Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
June 13, 2025
CASE NO.:
OLT-24-001206 & OLT-24-001183
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Townline Development Holding Inc.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To permit development of 96 residential units consisting of 47 townhouse dwellings and 22 semi-detached dwellings
Reference Number:
CPPA/21/2023/HTE
Property Address:
206 Townline Road West
Municipality/UT:
Huntsville/Muskoka
OLT Case No.:
OLT-24-001206
OLT Lead Case No.:
OLT-24-001206
OLT Case Name:
Townline Development Holding Inc. v. Muskoka (Municipality)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant:
Townline Development Holding Inc.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit development of 96 residential units consisting of 47 townhouse dwellings and 22 semi-detached dwellings
Reference Number:
CPS-9-2023-8
Property Address:
206 Townline Road West
Municipality/UT:
Huntsville/Muskoka
OLT Case No.:
OLT-24-001183
OLT Lead Case No.:
OLT-24-001206
OLT Case Name:
BEFORE:
A. MASON
Monday, the 9th
MEMBER
June 2025
THESE MATTERS involving appeals under subsections 34(11) and 51(34) of the Planning Act, R. S. O. 1990, c. P. 13, as amended, regarding the failure of the Town of Huntsville to make a decision within the prescribed time period in respect of an application to amend the Community Planning Permit By-law 2022-97 and an application for Draft Plan of Subdivision together facilitating the development of 96 residential units consisting of 47 townhouses and 22 semi-detached units in the Town of Huntsville, District of Muskoka, having come before the Tribunal for a written hearing to consider a settlement proposal proffered on consent of the Parties on June 9, 2025;
AND THE TRIBUNAL, having received and considered the land use planning opinion evidence filed on consent of the Parties, in the form of an affidavit sworn and dated June 4, 2025, of John Gallagher, a member of the Ontario Professional Planners Institute and the Canadian Institute of Planners, whom the Tribunal accepts to provide opinion evidence in the area of land use planning;
AND THE TRIBUNAL, having reviewed and considered the uncontroverted affidavit evidence of John Gallagher on the nature and scope of the settlement proposal, including the reduction in the length of lots 7 to 32 so that the lots and their rear yards are located entirely outside of the 15.0 meter buffer for the wetland on the western portion of the lands;
AND THE TRIBUNAL, having accepted the uncontested opinion evidence of John Gallagher, finds that the proposed settlement and revised instruments giving effect thereto:
have appropriate regard for matters of provincial interest under s. 2 of the Planning Act, in particular optimizing the use of land and existing and planned infrastructure and supportive of active transportation and transit within a settlement area;
are consistent with the Provincial Planning Statement, 2024, by supporting intensification in underutilized sites in urban areas that are well served by municipal infrastructure;
have regard for the criteria in subsection 51(24) of the Planning Act;
are in conformity with and implement the policies of the District of Muskoka Official Plan and Town of Huntsville Official Plan; and
contribute to a range of housing types and densities through a built form that is compatible with the surrounding area in terms of use, scale and character thereby representing good planning.
NOW THEREFORE:
THE TRIBUNAL ORDERS THAT:
The appeals filed by Townline Development Holding Inc. pursuant to subsections 34(11) and 51(34) are hereby allowed in part.
The Town of Huntsville, Community Planning Permit By-law 2022-97 is amended as set out in Attachment “A” to this Order; and
The Draft Plan of Subdivision is approved in accordance with Attachment “B” to this Order, subject to the Conditions of Draft Plan Approval attached to this Order as Attachment “C”.
In accordance with subsection 51(56.1) of the Planning Act, final approval of the Plan of Subdivision for the purposes of subsection 51(58) of the Planning Act is to be given by the District.
AND THE TRIBUNAL authorizes the Clerk of the Town of Huntsville to make such numerical and/or editorial changes to the instruments included herein as Attachment A and B as are necessary to give effect to this Order.
AND THE TRIBUNAL may be spoke to by the Parties with respect to the implementation of this Order.
“Matthew Bryan”
MATTHEW 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.
“ATTCHMENT A”
CORPORATION OF THE TOWN OF HUNTSVILLE BY-LAW NUMBER 2025-xx –
OLT
(Woodsview Estates)
Being a by-law to amend Community Planning Permit By-law 2022-97 as amended, of the Corporation of the Town of Huntsville
Community Planning Permit By-law 2022-97, is amended as follows:
- Schedule Nos. “G-8” and "G-8-1" of Community Planning Permit By-law 2022-97, as amended, is hereby further amended by changing the precinct of PART OF LOT 12, CONCESSION 1, CHAFFEY, PT 2 & 3 35R3006 EXCEPT PT 1 - 6 35R11252, PT 1- 6, 35R21522; S/T OVER PT 5 & 6 35R14517 AS IN DM256162; S/T EASEMENT OVER PT2 35R3006 AS IN DM100440; HUNTSVILLE; THE DISTRICT MUNICIPALITY OF MUSKOKA from a
Development (D) precinct to the following precincts:
2.
Urban Residential – Low with exception “AAAA” (UR1-AAAA); Lots 33 to 45
Urban Residential - Low with exception “AAAA” & “EEEE” (UR1- AAAA,EEEE) Lots 46 to 50 (Hatched)
Urban Residential – Low with exception “BBBB” & EEEE (UR1- BBBB,EEEE); Lots 51 to 53 (Cross Hatched)
Urban Residential – Low with exception “BBBB” (UR1-BBBB); Lot 54
Urban Residential – Medium (UR2);Lots 1-6, Lots 63-96
Urban Residential – Medium with exception "AAAA” (UR2-AAAA); Lots 55 to 62 (Hatched)
Urban Residential – Medium with exception “CCCC” (UR2-CCCC); Lots 7 to 32
Conservation with exception “DDDD” (C-DDDD); and
Open Space (OS);
As shown on Schedule "I" attached hereto.
- Section 6 – “Site Specific Exceptions” is hereby further amended by adding the following:
Exception “AAAA”: Lots 33-50 inclusive, Lots 55-62 inclusive Notwithstanding any provisions of Community Planning Permit By-law 2022-97, as amended, the following shall apply:
- A 3m wide treed buffer shall be required along rear lot lines.
Exception “BBBB”: Lots 51-54 inclusive
Notwithstanding any provisions of Community Planning Permit By-law 2022-97, as amended, the following shall apply:
The minimum required front yard shall be 7m; and
A 3m wide treed buffer shall be required along rear lot lines.
Exception “CCCC”: Lots 7 to 32 inclusive
Notwithstanding any provisions of Community Planning Permit By-law 2022-97, as amended, the following shall apply:
The lot area for Lots 8 to 10, 12 to 15, 18 to 21, and 30 to 32 is deemed to comply.
The maximum footprint for an interior unit- townhouse shall be 78.4m2; and
The maximum footprint for an end unit- townhouse on lots 11, 12, & 32, shall be 112m2.
Exception “DDDD”:
Notwithstanding any provisions of Community Planning Permit By-law 2022-97, as amended, the following shall apply:
Conservation lands contain a wetland feature including surrounding 15m protective buffer; and
Limited passive recreational trails and a future road in compliance with all applicable by-law requirements shall be permitted.
Exception “EEEE” (Hatched and Cross Hatched) Lots 46 to 53 inclusive
Notwithstanding any provisions of Community Planning Permit By-law 2022-97, as amended, the following shall apply:
Development and site alteration shall be prohibited unless authorized through a Community Planning Permit; and
Prior to the issuance of a Community Planning Permit, a Scoped Wetland Impact Mitigation Plan shall be prepared by a qualified biologist and submitted to the satisfaction of the Town which shall detail how the mitigation recommendations contained in the Scoped EIS prepared by Riverstone Environmental Solutions, dated August 14, 2022 will be implemented respecting the removal of wetland features.
Appendix C – “Table C-1” – Previous Site Specific Exceptions” is hereby further amended by deleting previous zoning exception “RU1-1731” from the lands.
Schedule “I” attached hereto, is hereby made part of this by-law.
“ATTACHMENT B”
“ATTACHMENT C”
Conditions of Draft Approval
Plan of Subdivision File S2023-01
(Woodsview Estates)
Part A – Approval
Plan of Subdivision File S2023-01 (Woodsview Estates) is approved subject to Parts B, C, and D herein.
Part B – Conditions
General Conditions
This approval applies to Plan of Subdivision File S2023-01 (Woodsview Estates), prepared by Dearden and Santon Ltd. with a revision date of May 5, 2025, and certified by J. C. Stanton, Ontario Land Surveyor, on June 2, 2025, showing a total of 96 lots and 4 blocks on Part of Lot 12, Concession 1, Geographic Township of Chaffey, Town of Huntsville, District of Muskoka.
Prior to final approval being granted, The District Municipality of Muskoka and Town of Huntsville shall be provided with a copy of the final plan in digital format, including road centrelines, in accordance with The District of Muskoka Draft and Final Plan of Subdivision/Condominium Description Digital Submission Requirements.
Prior to final approval being granted and prior to the submission of the proposed internal road names to the Town of Huntsville for approval purposes, the names shall be submitted to The District Municipality of Muskoka for 911 verification.
Phasing
- The plan of subdivision shall be finalized in the two (2) phases as set out on the draft approved plan/description and detailed below:
Phase 1: Lots 33 – 67, 81 – 96, Blocks 97, 98, and 100;
Phase 2: Lots 1 – 32, 68 – 80 and Block 99.
Prior to the final approval of any phase, The District Municipality of Muskoka and the Town of Huntsville shall be satisfied that sufficient water and sewage capacity is available and confirmed by the District Municipal Agreement(s).
In addition, The District Municipality of Muskoka and the Town of Huntsville shall be satisfied that any previously registered phase has been substantially constructed, has been serviced by municipal water and sewer services, and that any required infrastructure has been installed.
Conveyances
Easements as may be required for access, pedestrian walkways, utilities, drainage or other purposes shall be granted to the Town of Huntsville, the District Municipality of Muskoka, Bell Canada, Enbridge Gas Inc., and any other authority or party.
The road allowances included in this plan of subdivision shall be dedicated as public highways, and the roads shall be designed, constructed and named to the satisfaction of the Town of Huntsville.
Prior to final approval of Phase 1 being granted, Block 97 shall be dedicated to the Town of Huntsville for stormwater management purposes.
Prior to final approval of Phase 1 being granted, Blocks 98 and 100, shall be dedicated to the Town of Huntsville for park land purposes.
Prior to final approval of Phase 2 being granted, Block 99 shall be dedicated to the Town of Huntsville for parkland purposes.
Parkland
- Prior to final approval, the land dedication or the payment in lieu requirements of the Town of Huntsville pursuant to the Planning Act, R.S.O. 1990, as amended shall be satisfied.
Access
Prior to final approval of Phase 1 being granted, an Entrance Design Plan prepared by a qualified professional shall be submitted to the satisfaction of the Town of Huntsville.
Prior to final approval of any phase being granted, a Detailed Sidewalk and Trail Connection Plan, prepared by a qualified professional in consultation with a qualified biologist, shall be submitted to the satisfaction of the Town of Huntsville, and include the following;
(i) the design for construction of on-site sidewalks; and
(ii) the design for an external multi-use trail linking the property to existing trails on surrounding lands to the north; including abutting town-owned open space lands along Florence Street.
Community Planning Permit
- Prior to final approval of any phase being granted, the Town of Huntsville shall confirm that the final plan is in compliance with the community planning permit by-law in effect.
Stormwater Management
- Prior to final approval of any phase being granted, four copies of a detailed report(s) prepared by a professional engineer in consultation with a qualified biologist addressing stormwater management, construction mitigation, and grading shall be submitted to The District Municipality of Muskoka. The report(s) shall be circulated by The District Municipality of Muskoka to the Town of Huntsville for their review and comment. The biologist shall verify in writing to the District Municipality of Muskoka that the proposed report(s)/plan(s) incorporate the recommendations contained within the Environmental Impact Study prepared by RiverStone Environmental Solutions Inc., dated August 2022 and revised August 14, 2023, and the Peer Review of the Environmental Impact Study prepared by Hutchinson Environmental Sciences Ltd., dated May 23, 2023, and revised August 22, 2023.
In addition, one (1) of the following documents shall also be provided to the satisfaction of The District Municipality of Muskoka for any applicable infrastructure works, including but not limited to municipal services and stormwater management:
(i) An Environmental Compliance Approval (ECA) for the project(s) shall be obtained from the Provincial Ministry with jurisdiction, or
(ii) Written confirmation from the Provincial Ministry with jurisdiction exempting the project(s) from the requirement to obtain an ECA; or
(iii) A written opinion, stamped and signed by a Professional Engineer, that confirms that the project(s) meet the specific exemptions outlined in the applicable legislation/regulations.
Environmental
15. Prior to final approval of any phase a Tree Inventory and Preservation Plan shall be prepared by a qualified professional to document the mature trees and treed areas to be retained wherever feasible along the proposed new subdivision road, within rear yards of residential Lots 33 to 62, within 15 metre buffer areas on Lots 7 to 32, and within Blocks 98 to 100;
16. Prior to final approval of Phase 1, a Landscape Plan shall be prepared in consultation with the design engineer and qualified biologist for the lands including street trees along the new subdivision road and in opens space blocks, where appropriate, the naturalized stormwater management pond, and required treed buffer areas within Lots 33 to 62;
- Prior to final approval of Phase 2, a Homeowners Manual as recommended in the Environmental Impact Study prepared by RiverStone Environmental Solutions Inc., dated August 2022 and revised August 14, 2023, and the Peer Review of the Environmental Impact Study prepared by Hutchinson Environmental Sciences Ltd., dated May 23, 2023, and revised August 22, 2023, prepared in consultation with a qualified biologist.
Noise
- Prior to final approval of Phase 1 being granted, a Noise Study, shall be prepared by a qualified professional to assess noise related impacts from CN railway operations, mitigating measures, and notices on title to the satisfaction of the Town of Huntsville in consultation with the appropriate rail authority.
Hydraulic Modelling
- Prior to final approval of any phase, hydraulic modelling of both water and sewer services shall be completed and any required improvements or modifications to either the subdivision design or the municipal water and sewer services shall be implemented to the satisfaction of The District Municipality of Muskoka.
Area Municipal Agreement
- Prior to final approval being granted, a subdivision and/or amending agreement with the Town of Huntsville in accordance with Section 51(26) of the Planning Act, R.S.O. 1990, as amended shall be registered on title and shall include provisions outlining the need to satisfy all the requirements, financial and otherwise of the Town of Huntsville including but not limited to the following:
Stormwater Management and Construction Mitigation
(i) the implementation of the report(s)/plan(s) required in Condition 14 under the supervision and to the satisfaction of a professional engineer;
(ii) the provision of securities or other guarantees for implementation of the report(s)/plan(s) referenced in Condition 14, if necessary;
(iii) the provision for municipal dedication of any facilities and for the long- term maintenance of such facilities or works constructed in accordance with the plans;
Environmental
(iv) the implementation of the recommendations of the Environmental Impact Study prepared by RiverStone Environmental Solutions Inc., dated August 2022 and revised August 14, 2023, and the Peer Review of the Environmental Impact Study prepared by Hutchinson Environmental Sciences Ltd., dated May 23, 2023, and revised August 22, 2023;
(v) implementation of the Tree Inventory and Preservation Plan required in Condition 15;
(vi) implementation of the Landscape Plan required in Condition 16;
(vii) implementation of the Scoped Wetland Impact Mitigation Plan required in Condition 28;
Access
(viii) implementation of the Entrance Design Plan required in Condition 11;
(ix) implementation of the Detailed Sidewalk and Trail Connection Plan required in Condition 12;
Infrastructure
(x) requirements for road construction, landscaping and vegetative buffers, lot grading, street lights, utilities, fencing, pedestrian pathways and linkages, stormwater facilities, and firefighting services;
Parkland
(xi) the implementation of Conditions 7 to 10, as required;
Noise
(xii) the implementation of Condition 18, as required.
Prior to the Area Municipal Council’s endorsement and execution of the area municipal agreement, a copy shall be forwarded to The District Municipality of Muskoka for review, comment and potential revision, if required, related to District interests.
Prior to final approval being granted, The District Municipality of Muskoka shall be in receipt of a registered copy of the area municipal agreement.
District Subdivision Agreement
- Prior to final approval being granted, a subdivision agreement and/or amending agreement with The District Municipality of Muskoka in accordance with Section 51(26) of the Planning Act, R.S.O. 1990, as amended, shall be registered on title and shall state that all the requirements, financial and otherwise, of The District Municipality of Muskoka shall be satisfied, including but not limited to the following:
(i) The provision for the installation of municipal water and sewer services, and for the municipal assumption and operation of such services;
(ii) The availability and allocation of sufficient municipal water and sewer capacity measured in Equivalent Residential Units (ERUs) to service the development;
(iii) the disposal of solid waste;
Clearance Letters
Prior to final approval being granted, the Town of Huntsville shall advise The District Municipality of Muskoka in writing that Conditions 1, 2, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, and 20 have been complied with to their satisfaction with a brief and concise statement detailing how each condition has been satisfied.
Prior to final approval being granted, The District Municipality of Muskoka shall be satisfied that Conditions 1, 2, 3, 4, 5, 14, 19, 21, 22, 23, 24, 26, 27, 28, and 29 have been complied with to their satisfaction.
Prior to final approval being granted, Bell Canada shall advise in writing that Condition 5 has been complied with to their satisfaction with a brief and concise statement detailing how this condition has been satisfied.
Prior to final approval being granted, Enbridge Gas Inc., shall advise in writing that Condition 5 has been complied with to their satisfaction with a brief and concise statement detailing how this condition has been satisfied.
Town of Huntsville Additional Conditions
Prior to final approval being granted, a Scoped Wetland Impact Mitigation Plan shall be prepared by a qualified biologist and submitted to the satisfaction of the Town which shall detail how the mitigation recommendations contained in the Scoped EIS prepared by Riverstone Environmental Solutions, dated August 14, 2022 will be implemented respecting the removal of swamp community G130Tt in the vicinity of semi-detached dwelling Lots 46 to 53. With regard to the removal of swamp community G130Tt, the Plan should document recommendations for inclusion in the SWM and Construction Mitigation Plan respecting removal timing, wildlife protection (eg turtle and amphibian exclusion fencing), and species relocation measures during removal.
Where revisions are deemed necessary in the Plan referenced in Condition #28 above, the Draft Plan shall be revised accordingly.
Final Approval
The final description for registration must be in registrable form together with all necessary instruments or plans describing an interest in the land.
Prior to final approval being granted, the Director of Planning shall be satisfied that the conditions of approval have been satisfied and the final plan is in conformity with the draft plan.
Part C - Lapsing Provision
In the event that these conditions of draft approval fail to be fulfilled on or before February 10, 2030, the approval herein granted shall be deemed to have lapsed pursuant to the Planning Act, R.S.O. 1990, as amended.
Extensions to draft approval may be considered provided that existing technical reports remain applicable or updates are provided and the provisions of By-law 2024-48 as amended, including the performance and planning based criteria, are met. In accordance with By-law 2024-48, as amended, this draft approval shall not be extended beyond ten
(10) years from the original date of approval.
It is the responsibility of the applicant and/or their agent to apply for any required extensions of draft approval at least three (3) months prior to the lapsing date noted above. The District Municipality of Muskoka will forward one courtesy notice prior to the lapsing date. This notification is a best efforts courtesy only and The District Municipality of Muskoka does not assume any responsibility for notification of lapsing of approval. No further notices will be forwarded and in the event that the appropriate application and related fee are not received, the approval herein granted shall be deemed to have lapsed.
Part D – Timing of Work
Any site alteration or the installation of any works that may be the subject of any agreements required by these conditions shall not be permitted prior to the execution of such agreements. Where any such works are undertaken in violation of this clause, approval of this plan may be withdrawn as authorized under Section 51(44) of the Planning Act, R.S.O.1990, as amended.