PL100058 APPE AR ANCES - Ontario Municipal Board

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- 2 - PL100058 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.
- 3 - PL100058 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.
Page 1: ISSUE DATE: Aug. 15, 2011 PL100058

PL100058 APPE AR ANCES - Ontario Municipal Board

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