Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August.07, 2025
CASE NO.: OLT-22-004706
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Collier Homes Inc.
Subject: Proposed Official Plan Amendment No. 2022-54
Description: To permit to retain the residential designation on the property in order to preserve its development opportunities
Reference Number: DD OPA 22-01
Property Address: 204 Annie Street, merged in name and title with 123 Wesley Street
Municipality/UT: Dutton Dunwich/ County of Elgin
OLT Case No.: OLT-22-004706
OLT Lead Case No.: OLT-22-004706
OLT Case Name: Collier Homes Inc. v. Elgin (County)
BEFORE:
STEVEN COOKE
Thursday, the 7th
VICE-CHAIR
day of August, 2025
THIS MATTER , in respect of the lands at 204 Annie Street & 123 Wesley Street in the County of Elgin.
THE TRIBUNAL having been advised by the Parties on July.02, 2025 that a full uncontested settlement had been reached, on consent;
AND WHEREAS THE TRIBUNAL reviewed that Stephen Cornwell is a land use planner who provided an expert opinion to the Tribunal through a written affidavit. His affidavit informed the Tribunal that By-Law No. 2022-54 was adopted by the Municipality of Dutton Dunwich ("Dutton") on June 8, 2022, to implement OPA 5. OPA 5 was approved by the County of Elgin Council ("County") on September 27, 2022. On November 1, 2022, Colliers Homes filed an appeal regarding the exclusion of Colliers Homes from the Settlement Area boundary.
OPA 5 alters land use designations and settlement boundaries for various properties near Dutton, involving ‘land swaps’ were properties exchange designations. The Smalls own property adjacent to the Collier Homes lands, and one proposed swap would redesignate 1 hectare of the Collier Homes lands from “Residential” to “Agricultural,” in exchange for redesignating 1 hectare of the Small Lands from “Agricultural” to “Residential.”
The Provincial Policy Statement, 2020 ("PPS") permits changes to settlement area boundaries under specific conditions. Bill 185, enacted June 6, 2024, allows for lands to be added without a municipal comprehensive review, though no new lands are being added in this case.
The Colliers Homes, Larry and Randy Small's ("Small") property, and municipal authorities have resolved their issues related to residential development in Dutton. They request amendments to OPA 5 to alter designations for 1 hectare of both the Collier Homes and Small properties, including revising the settlement area boundaries accordingly.
The proposed changes aim to retain prior designations, maintaining the Collier Homes properties as Residential within the Dutton boundary and the Small property as Agricultural outside it.
The Tribunal accepts the uncontested written evidence provided by Mr. Cornwell. It is satisfied that the proposed OPA reflects sound land use planning, serves the public interest, is consistent with the PPS, and conforms to the policies outlined in both the Elgin and Dutton Official Plans.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT the appeal is allowed in part and Orders that
Amendment No. 2022-54 to the Official Plan for the Municipality of Dutton Dunwich
is modified as follows, and as set out in Attachment “A” to this Order.
“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.
Attachment “A”