Tony E. Fleming

Skycroft Campground appealed the Township of South Frontenac's refusal of its Official Plan and Zoning By-law Amendment applications to permit a significant expansion of its campsites and cabins.

The Ontario Land Tribunal dismissed the appeals, finding that the applicant failed to demonstrate the proposed development would have no negative impacts on natural heritage features or their ecological functions.

The Tribunal found the Environmental Impact Study was improperly scoped and methodologically flawed, particularly regarding species at risk such as the Cerulean Warbler and Gray Ratsnake.

Furthermore, the scale of the proposed expansion did not conform to the density and waterfront amenity requirements of the Township's Official Plan.

The appellant appealed the Committee of Adjustment's refusal of a minor variance to permit a single-detached dwelling and septic system constructed without a permit within 200 metres of a closed landfill.

The appellant argued that his own water sampling demonstrated the well water was safe.

The Tribunal preferred the evidence of the municipality's expert witnesses, who testified that the appellant's hydrogeological investigation was insufficient to assess potential future impacts from leachate migration.

The Tribunal found the appellant failed to demonstrate there would be no negative impacts, and dismissed the appeal.

The applicant appealed the Township's deferral/denial of an application for consent to sever a rural property into three new building lots.

Prior to the hearing, the parties reached a settlement.

Based on the uncontroverted expert planning evidence of the Township's planner, the Tribunal found the proposed severance and conditions were consistent with the Provincial Policy Statement, conformed to the applicable official plans, and represented good planning.

The appeal was allowed and provisional consent was granted subject to the agreed-upon conditions.

The applicant appealed the municipality's refusal of an Official Plan Amendment and Zoning By-law Amendment intended to facilitate the development of 45 stacked row dwelling condominiums.

The parties reached a settlement and presented uncontested expert planning evidence supporting the revised applications.

The Tribunal allowed the appeals in part, finding the proposal represents good land use planning, constitutes appropriate residential intensification, and is consistent with provincial and local planning policies.

The appellant appealed the Township's passing of a Zoning By-law Amendment that defined and regulated the use of storage containers on lands within the municipality.

The appellant argued the regulation of storage containers was ultra vires the Planning Act and overly broad.

Relying on uncontested expert planning evidence, the Tribunal found the amendment appropriately regulated land use and outdoor storage, conformed to the local Official Plan, and was consistent with the Provincial Planning Statement.

The appeal was dismissed.

The Tribunal held a fourth Case Management Conference regarding appeals by Caivan (Perth GC) Limited concerning the failure of the Town of Perth and Lanark County to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The applications propose the redevelopment of a portion of the Perth Golf Course with approximately 940 dwelling units.

The Tribunal reviewed and approved a revised Procedural Order to govern the proceedings leading up to the Merit Hearing.

The Ontario Land Tribunal issued an amending decision to correct a technical omission in its April 24, 2024 decision.

The amendment adds that the Tribunal had received a Participant Status Request from Shelagh Hurley and granted her Participant status.

In all other respects, the original decision remains unchanged.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by Caivan (Perth GC) Limited for the failure of the Town of Perth and Lanark County to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The applications propose a 940-unit residential development on a portion of the Perth Golf Course.

The parties provided a status update on floodplain mapping and wetland setbacks, and requested a fourth CMC to allow experts to review a revised conceptual draft plan.

The Tribunal scheduled a fourth CMC for November 19, 2024, and a 14-day merit hearing commencing February 10, 2025.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the Town of Perth and the County of Lanark for their failure to make decisions on a Zoning By-law Amendment and a Draft Plan of Subdivision within the statutory timeframes.

The applications propose a 94-unit residential development.

The Tribunal scheduled a five-day hearing for November 2024 and directed the parties to finalize a Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellant against the Town of Perth and the County of Lanark for their failure to make decisions on a zoning by-law amendment and a plan of subdivision within the statutory timeframes.

The Tribunal granted participant status to two interested parties on consent.

A second Case Management Conference was scheduled to allow the parties to continue settlement discussions and narrow the issues, and the parties were directed to file a draft Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Skycroft Campground (2011) Ltd. against the Township of South Frontenac's refusal of applications for a Zoning By-law Amendment and Official Plan Amendment to permit additional campsites.

The Tribunal granted party status to Protect Opinicon Inc. and Queen's University, directed the parties to submit an updated draft Procedural Order and Issues List, and scheduled a 15-day merit hearing for January 2025.

The Tribunal held a Case Management Conference regarding an appeal for the failure of the approval authority to make a decision on a draft plan of subdivision application.

The Mohawks of the Bay of Quinte were granted party status due to an ongoing land claim encompassing the subject property.

The Tribunal determined it was premature to schedule a merit hearing until a motion regarding the Tribunal's jurisdiction over the land claim is heard and decided.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Caivan (Perth GC) Limited for the failure of the Town of Perth and Lanark County to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The Tribunal granted participant status to Richard Schooley on consent.

The Tribunal also approved the revised draft Issues List and Procedural Order submitted jointly by the parties to govern the upcoming 18-day hearing.

The applicant appealed the municipality's refusal of a Zoning By-law Amendment and the failure to make a decision on a Draft Plan of Subdivision to permit a 34-unit townhouse and semi-detached development.

The parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The appeals were allowed in part to implement the settlement.

The Municipality of North Grenville expropriated a 0.57-acre drainage easement from the claimants' property and filed a Notice of Arbitration to determine the compensation payable.

The claimants did not participate in the proceedings.

Relying on the uncontested expert appraisal evidence called by the municipality, the Tribunal determined the market value of the expropriated easement to be $3,200, representing 25% of the fee simple value, with no injurious affection to the remaining lands.

The Tribunal ordered the municipality to pay the compensation plus 6% statutory interest into court.

The applicant appealed the Committee of Adjustment's refusal of a consent application to create a new rural residential lot.

Prior to the hearing, the parties reached a settlement.

Based on the uncontested expert land use planning evidence, the Tribunal found that the proposed severance was consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and met the criteria under section 51(24) of the Planning Act.

The appeal was allowed and provisional consent was granted subject to conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant for a proposed redevelopment of the Perth Golf Course with 940 dwelling units.

The Tribunal deferred a request for party status by a local resident to allow time for potential incorporation of a residents' association and clarification of issues.

The Tribunal granted participant status to 52 individuals on consent.

A second Case Management Conference and an 18-day merit hearing were scheduled for 2024.

The applicant appealed the Township's refusal to approve the establishment of a Muslim cemetery on 43.8 acres of prime agricultural land.

The applicant argued the cemetery was a permitted use under the zoning by-law and served a cultural need.

The Tribunal dismissed the appeal, finding that establishing the cemetery was not in the public interest.

The Tribunal prioritized the provincial interest in protecting prime agricultural lands over the cultural facility provision, noting the applicant failed to provide a needs analysis or evaluate alternative locations outside prime agricultural areas as required by the Provincial Policy Statement.

The Municipality of North Grenville filed a Notice of Arbitration to determine compensation for a drainage easement expropriated from the claimants' property.

The claimants failed to respond to the Notice or attend the first Case Management Conference despite multiple attempts at service.

The Tribunal scheduled a hearing date to proceed with the determination of compensation and ordered the municipality to make reasonable efforts to personally serve the claimants with the decision and the appraisal report to be relied upon.

The Municipality of Mississippi Mills and the County of Lanark brought a motion for costs against the Appellant following the dismissal of his appeals regarding Official Plan Amendments.

The Tribunal found that the Appellant's appeals were frivolous, vexatious, and brought in bad faith, constituting an abuse of process.

Noting the Appellant's history of similar meritless appeals and his disregard for previous costs sanctions, the Tribunal determined his conduct was reprehensible and outrageous.

Consequently, the Tribunal awarded costs on a full indemnity basis, ordering the Appellant to pay $21,209.28 to the Municipality and $12,824.40 to the County.