PL100058 APPE AR ANCES - Ontario Municipal Board

ISSUE DATE:
Aug. 15, 2011
PL100058
Ontario Municipal Board
Commission des affaires municipales de l’Ontario
IN THE MATTER OF subsection 17(36) of the Planning Act, R.S.O. 1990, C. P. 13, as amended
Appellant:
Appellant:
Appellant:
Appellant:
Subject:
Municipality:
OMB Case No.:
OMB File No.:
1812502 Ontario Inc. (formerly 2143111 Ontario Limited)
394 Lakeshore Oakville Holdings Inc. and Nexus Development
Corporation (jointly)
527079 Ontario Limited, April Investments Limited and TransCounty
Development Corporation Ltd. (jointly)
By-Ways Construction Inc., Paletta International Corporation and Ryan
Lee Investments Inc. (jointly); and others
Town of Oakville Official Plan
Town of Oakville
PL100058
PL100058
A P P E A R A N C E S :
Parties
Town of Oakville
Region of Halton
Victor Enns
Oak-Land Ford Lincoln
Melrose Investments Inc., et al.
Counsel
D. Baker
N. Chandra
B. Ketcheson (in absentia)
B. Ketcheson (in absentia)
B. Taylor
B. Taylor
R. Cheeseman
394 Lakeshore Oakville Holdings Inc. R. Cheeseman
LBS Oakville (1998) Limited; RONA Home
R. Cheeseman
1458408 Ontario Inc. D. Tang
Mattamy Realty Limited
J. Meader
L. Townsend (in absentia)

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1812502 Ontario Inc. J. Meader
L. Townsend (in absentia)
Edgemere Estates Limited
Paletta International Corporation, By-ways
Construction Inc., and Ryan Lee
Investments Inc.
J. Meader
L. Townsend (in absentia)
N. Smith
S. Snider (in absentia)
MEMORANDUM OF ORAL DECISION DELIVERED BY JAMES R. McKENZIE
ON AUGUST 4, 2011, AND ORDER OF THE BOARD
With the Phase One this proceeding, the Livable Oakville Plan, now complete
and a Board Decision and Order in place with respect thereto, this Pre-Hearing
Conference (PHC) was convened for the purposes of addressing proposed
modifications implementing settlements regarding three site-specific appeals and
securing an initial time-line for the 10 outstanding site-specific appeals of Phase Two.
Proposed Modifications
The proposed modifications pertain to Appeal Nos. 1, 9, and 12. Ms Baker
reported that the modifications were being tabled on consent.
The Board was presented with an affidavit executed by Dana Anderson. Ms
Anderson is the Director of Planning Services in the Planning Department of the Town
of Oakville. She is a Registered Professional Planner and Member of the Canadian
Institute of Planners and the Ontario Professional Planners Institute.
The proposed modifications are set out in “Attachment 1” to this Decision; it is
unnecessary to describe their details here. The modifications provide clarification and
resolve both policy and site-specific issues in connection with the three site-specific
appeals. It is Ms Anderson’s professional planning opinion that the modifications are
consistent with the Provincial Policy Statement, and conform to both the Growth Plan
and the Region of Halton’s Official Plan. It is also her opinion that the modifications
represent good planning and are in the public interest.

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The Board accepts and relies on Ms Anderson’s uncontradicted professional
evidence and approves the modifications set out in Attachment “1”.
Phase Two Site-Specific Matters
Ten site-specific appeals remain. It is the Parties’ shared intention that each
appeal be the subject of its own individual hearing.
The Procedural Order for Phase One established the issues for each of the
Phase Two site-specific appeals. With Phase One complete, and given the
modifications approved above, the Procedural Order requires modification to reflect the
current state with respect to the remaining site-specific appeals. A revised Procedural
Order was filed on consent; it is approved and is attached to this Decision as
Attachment “2”. The following hearing events are confirmed:
1. A Teleconference Call (TCC) is scheduled for 9:00 a.m., Friday,
December 2, 2011, for the purpose of dealing with an anticipated
modification relating to the Mattamy Realty Limited appeal. On
consent, the call-in particulars for the TCC will be emailed to
counsel for the Town and Mattamy only. In the event a modification
does not come to fruition for presentation to the Board, the TCC will
be cancelled and the Mattamy appeal will be taken up in the PHC
identified in paragraph 3 below. Town counsel is directed to advise
the Board accordingly.
2. A PHC is scheduled for 9:30 a.m., Friday, February 24, 2012, at the
Town of Oakville Municipal Offices.
3. A PHC is scheduled for 10:00 a.m., Friday, May 4, 2012, at the
Town of Oakville Municipal Offices.
The subjects of the February 24 th and May 4 th PHC are set out in Attachment 5 to
the revised Procedural Order attached hereto.
No further notice is required.

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This Panel remains seized of the above-noted hearing events and the ongoing
case management of outstanding site-specific appeals, subject to the needs of the
Board’s calendar.
This is the Order of the Board.
“James R. McKenzie”
JAMES R. McKENZIE
VICE-CHAIR