Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 27, 2025
CASE NO(S).: OLT-23-000303 OLT-23-001127 OLT-23-001129
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Caledon Community Partners Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To establish a new Secondary Plan for the Macville Community Area Reference Number: POPA 2021-0002 Property Address: Macville Community Secondary Plan Area Municipality/UT: Caledon/Peel OLT Case No: OLT-23-000303 OLT Lead Case No: OLT-23-000303 OLT Case Name: Caledon Community Partners v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively, the “Macville Owners”) Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a subdivision that includes single detached and townhouse dwellings, medium density residential, mixed uses, parks, elementary schools, and a stormwater management pond Reference Number: RZ 2022-0002 Property Address: 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001127 OLT Lead Case No: OLT-23-001127 OLT Case Name: Macville Owners v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Argo Macville I Corporation, Argo Macville II Corporation, Argo Macville III Corporation, Argo Macville V Corporation, and Argo Humberking Corporation (collectively, the “Macville Owners”) Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a subdivision that includes single detached and townhouse dwellings, medium density residential, mixed uses, parks, elementary schools, and a stormwater management pond Reference Number: 21T-22001C Property Address: 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001128 OLT Lead Case No: OLT-23-001127
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Argo Humber Station Limited Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a subdivision that includes medium density residential, mixed uses, and a Transit Hub Reference Number: RZ 2022-0003 Property Address: 0 and 14259 Humber Station Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001129 OLT Lead Case No: OLT-23-001129 OLT Case Name: Argo Humber Station Limited v. Caledon (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant: Argo Humber Station Limited Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a subdivision that includes medium density residential, mixed uses, and a Transit Hub Reference Number: 21T-22002C Property Address: 0 and 14259 Humber Station Road Municipality/UT: Caledon/Peel OLT Case No: OLT-23-001130 OLT Lead Case No: OLT-23-001129
Heard: November 27, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Caledon Community Partners (Appellant / Applicant) | Patrick Harrington |
| Bolton North Hill Landowners | Mandy Ng |
| Town of Caledon | Chris Barnett |
| GSAI | Karen Bennett |
| Regional Municipality of Peel Region | Rachel Godley |
| Acorn Bolton Inc. | Ian Andres |
| Peel District School Board | Julie Lesage |
DECISION DELIVERED BY K. HEWITT ON NOVEMBER 27, 2024 AND INTERIM ORDER OF THE TRIBUNAL
INTRODUCTION
1These matters come before the Tribunal for a settlement motion filed on November 21, 2024. This settlement is the culmination of an Official Plan Amendment (“OPA”) appeal and a Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) appeals (OLT Case Nos. OLT-23-001127 and OLT-23-001129) that were heard together on February 13, 2024.
2The Tribunal has been advised at the Case Management Conference (“CMC”) held on November 27, 2024, that all parties have reached a settlement in respect of the form and content of an the OPA, two ZBAs, two DPS and two sets of DPS conditions (collectively the “Settlement Instruments”) that will resolve the five private appeals in this combined proceeding.
3The Tribunal has received and considered the materials filed, including the Affidavit of Karen Bennett, MCIP, RPP, marked as Exhibit 1 including its attachments. The Tribunal chose not to hear oral evidence on the materials, but with the agreement of all parties, Ms. Bennett’s evidence is uncontroverted.
4The Tribunal is satisfied with the both the qualifications and expert opinion of Ms. Bennett. Furthermore, the Tribunal finds that the Settlement Instruments attached to this Order each have regard to applicable Provincial interests found in section 2 of the Planning Act and the relevant plan of subdivision criteria under section 51 of the Planning Act, are consistent with the 2024 Provincial Policy Statement (“PPS 2024”) and conform with the Town of Caledon Official Plan (“Town OP”), inclusive of the Caledon-related portions of the former Region of Peel Official Plan (“ROP”).
5The Tribunal is satisfied that the Settlement Instruments conform with and implement the goals, objectives and planned intent for this Secondary Plan Area within the Town OP, generally reflect the principles of good land use planning, and are in the public interest.
ORDER
6THE TRIBUNAL ORDERS THAT: the appeals are allowed in part as follows,
1The version of the Caledon Station Secondary Plan included as Attachment 1 to this order is approved.
2For the lands known municipally as 14275 The Gore Road, 0 Humber Station Road, 14396 Humber Station Road and 0 King Street, being the “Macville Lands” in this proceeding.
3The version of the Zoning By-law Amendment (“ZBA”) for the Macville Lands included as Attachment 2 to this Order is approved.
i) The version of the Draft Plan of Subdivision (“DPS”) for the Macville Lands included in Attachment 3 to this Order is approved.
ii) The version of the DPS approval conditions for the Macville Lands, included as Attachment 4 to this Order is approved.
4For the lands known municipally as 0 and 14259 Humber Station Road, being the “Humber Station Lands” in this proceeding.
i) The version of the ZBA for the Humber Station Lands included in Attachment 5 to this Order is approved.
ii) The version of the Draft Plan of Subdivision (“DPS”) for the Humber Station Lands included in Attachment 6 to this Order is approved.
iii) The version of the DPS for the Humber Station Lands included in Attachment 7 to this Order is approved.
5Finally pursuant to subsection 51(56.1) of the Planning Act, the Tribunal orders that final approval of the subdivision 51(58) of the Planning Act is to be given by the Town of Caledon.
“K. Hewitt”
K. Hewitt
Member
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 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
Attachment 7