Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 31, 2025
CASE NO(S).: OLT-25-000245
PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: CBM Aggregates (CBM), a division of St. Marys Cement Inc. (Canada)
Subject: Request to amend the Official Plan – Failure to Make a Decision
Description: To facilitate the minor rounding out of the Hamlet of Codrington and amend land use designation
Reference Number: D09-2020-01
Property Address: 151 Aranda Way/ Part of Lot 2, Concession 8 and Part of Lot 36, Concession 6
Municipality/UT: Brighton/Northumberland
OLT Case No.: OLT-25-000245
OLT Lead Case No.: OLT-25-000245
OLT Case Name: CBM Aggregates v. Northumberland (County)
Heard: July 28, 2025 by Video Hearing
APPEARANCES:
Parties
Counsel
CBM Aggregates, a division of St. Marys Cement Inc. (Canada)
K. Mullin
M. Murugesu
County of Northumberland
D. Mast
B. Arbuckle
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BRAUN ON JULY 28, 2025 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) relating to an appeal by CBM Aggregates, a division of St. Marys Cement Inc. (Canada) (“Appellant”) against the failure of the County of Northumberland (“County”) to make a decision on an application for an Official Plan Amendment (“OPA”) in relation to the property located at 151 Aranda Way (“Subject Property”). The Appellant proposes to change the land use designation of the Subject Property from Agricultural to Rural Settlement Area. The OPA Application, if approved, would add approximately 6.2 hectares to the Codrington Settlement Area.
2The Tribunal received an Affidavit of Service dated July 23, 2025, confirming that Notice of this CMC was properly given, and no further notice shall be required. In response to the Notice, the Tribunal received no written requests for status and no individuals who appeared at the CMC sought status of any kind.
3No draft procedural order (“PO”) was received in advance of the CMC and the Tribunal was informed that this is because the Parties are engaged in ongoing discussions aimed at resolving the issues under appeal. The Parties jointly requested the scheduling of a second CMC in late November to allow those discussions to continue and to receive instructions from Council. Accordingly, the Tribunal scheduled a second CMC, which will proceed by video hearing on Thursday, November 20, 2025, commencing at 10 a.m.
4Should the Parties not reach a resolution, they are directed to submit a draft PO and a detailed issues list on consent no later than Tuesday, November 18, 2025, and arrive at the CMC prepared to set the matter down for a hearing. Should the Parties reach a resolution and submit documents in support thereof no later than two weeks in advance of the CMC, they may email the assigned case coordinator to request a conversion of the CMC to either a written or video hearing, to present the settlement to the Tribunal.
5Parties are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
Go To Meeting: https://global.gotomeeting.com/join/927921077
Access Code: 927-921-077
6Parties are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html.
7Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: (Toll Free)1-888-299-1889 or +1 (647) 497-9391. The access code is 927-921-077.
8Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the CMC by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
9The case management directives above are so ordered.
10There will be no further notice. The Member is not seized, but may be available for case management, should the Tribunal’s calendar permit.
“S. Braun”
S. Braun
VICE-CHAIR
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.