Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: January 31, 2025

CASE NO(S).: OLT-22-003616 Formerly PL(171393)

PROCEEDING COMMENCED UNDER subsection 17(40) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Far Sight Investments Ltd. et al

Appellant: Hammerford Development (Ballantrae) Limited

Subject: Failure of Region of York to announce a decision respecting Proposed Official Plan Amendment No. OPA 136

Municipality/Upper Tier: Town of Whitchurch-Stouffville/ York

OLT Lead Case No.: OLT-22-003616

OLT Legacy Case No.: PL171393

OLT Case Name: Hammerford Development (Ballantrae) Limited v. Whitchurch-Stouffville (Town)

Heard: September 13, 2024, by Video Hearing

APPEARANCES:

Parties

Counsel

Far Sight Investments Limited et al. (“Far Sight”) Jennifer Meader

Hammeford Development (Ballantrae) Limited (“Hammeford”) Meaghan McDermid

Topfar 162 Inc. (“Topfar”) Neil Smiley

Town of Whitchurch-Stouffville (“Town”) Andrew Biggart

Regional Municipality of York (“York Region”) Katie Butler

Harry Cheung (“Cheung”) Michael James

DECISION DELIVERED BY JEAN-PIERRE BLAIS AND ORDER OF THE TRIBUNAL

Link to Order

Decision

1The Town adopted Official Plan Amendment No. 136 (“OPA 136”) in 2014. It was sent to York Region for final approval, but no decision was ever made upon it. Appeals were brought by Far Sight, Hammeford and Topfar pursuant to s. 17(40) of the Planning Act, R.S.O. 1990, c. P. 13 (“Act”).

2Cheung was granted Party status at a Case Management Conference held on June 22, 2018.

3As a result of mediation and discussions, disposition of the matter comes before the Tribunal as a settlement on consent of all Parties. The Tribunal considered and heard the oral evidence of Meaghan Craven, Manager, Policy Planning, with the Town. She was qualified by the Tribunal to provide expert opinion evidence in the area of land use planning.

4Under the settlement, there are proposed changes to OPA 136 which Ms. Craven highlighted by reviewing a marked-up version of OPA 136, which was marked as Exhibit 3. The proposed revised OPA makes overall modifications, provides a new section on growth management, and addresses water and wastewater management. The revised draft provides a path forward for development, allows for appropriate growth and intensification, and has consideration of matters related to water and wastewater servicing, by either municipal infrastructure or private sources.

5Although Counsel for the Town undertook to provide the Tribunal, within a week, a clean copy of the proposed new OPA 136, the document was only submitted on January 30, 2025.

6The Tribunal accepts the uncontested opinion evidence of Ms. Craven as presented orally and similarly finds that the proposed OPA, as revised, has regard to those applicable matters of provincial interest found in s. 2 of the [Act](https://www.canlii.org/en/on/laws/