A new town process for Ontario Land Tribunal appeals will not lead to quick settlements, according to the town’s director of planning.
During Monday’s regular council meeting, councillors unanimously approved a new process for receiving information and providing direction on Ontario Land Tribunal (OLT) appeals, however a letter-writing campaign included in the agenda highlighted resident concerns that allowing the new policy could lead to quick settlement deals in order to save taxpayer dollars.
Those who wrote letters were concerned quick settlements would mean approvals for developments that would infringe on environmentally sensitive lands. The residents urged council not to allow "fast-tracked" appeals.
Director of Planning, Building and Economic Development Summer Valentine clarified that fast-tracking appeals was not the intent of the new policy.
“That section of the report would only apply in one circumstance: if council provides direction to the town solicitor and staff to enter into settlement negotiations,” said Valentine. “The path to resolve an appeal through a settlement or full hearing would always remain a decision of council.”
“Even if direction were provided to pursue a settlement, council at any time can withdraw from settlement negotiations and pursue a full hearing,” she said.
In a typical year, the Town of Collingwood deals with two major appeals on average. By the end of 2021, the town had received notice of seven Collingwood projects engaged in the OLT process.
The currently active OLT appeals for Town of Collingwood planning matters are:
- Huntingwood Trails (Collingwood) Ltd at 5 Silver Creek Drive (due to non-decision)
- Blackmoor Gates GP at 33 Findlay Drive, 22 Campbell Street and 774 Hurontario Street (due to non-decision)
- Two appeals for Collingwood Harbour House at 31 Huron Street (due to non-decision, likely to be consolidated)
- Bridgewater at 11644 Highway 26 West (due to non-decision)
- 12 Fourth Street W. (Appeal of council decision – partial refusal of heritage permit)
- Consulate Developments (Ontario) Inc. et. Al at 11790, 11878 Highway 26 West (Appeal of Council Decision – official plan designation of subject property)
As part of Monday’s consent agenda, there were 13 letters from residents, all identifying themselves as being concerned specifically that a settlement could be pursued on the Huntingwood Trails appeal.
The overall concern expressed in the letters was that the new policy would lead to the town making quick settlement deals in order to save money.
As part of the new policy and according to the staff report provided by Valentine, appellants, applicants and/or municipalities periodically pursue settlements for a variety of reasons, thereby avoiding what often are expensive hearings, with uncertain outcomes. A two-week hearing, for instance, can cost a municipality more than $100,000.
The 2021 municipal budget allocated to OLT legal costs was $23,000 and expenditures to date exceed $82,000. The total current municipal budget for 2022 OLT costs is $100,000.
During Monday’s meeting, Valentine noted that while council may be making decisions whether to pursue an OLT settlement in-camera, settlement hearings through the OLT remain open to the public. She also said settlements pursued through the OLT must still abide by good planning principles.
Mayor Brian Saunderson suggested that town staff also liaise with residents interested in the Huntingwood Trails appeal for an offline update on the specific file.
“I have had conversations with residents in the Huntingwood area and they are very concerned. This file has been ongoing since, I think, 1988,” he said.
The Ontario Land Tribunal (OLT) adjudicates matters related to land use planning, environmental and natural features and heritage protection, land valuation, land compensation, municipal finance, or heritage. When a landowner disagrees with a planning decision made at their municipal council (or lack of decision), they have the option of appealing that decision to the tribunal. Decisions of the OLT are final.
Under the new policy approved by council on Monday, once an OLT notice of appeal is received by the municipality, a notice of receipt would be provided to council through a public session update.
A staff report will also be prepared to be presented to councillors in-camera with background information and a general outline of the issues at play in the appeal from staff, including input from the town's solicitor. At that time, pending the direction received by council on the initial report, the town solicitor would either inform the OLT of the town’s withdrawal from any further participation in the appeal or the intent to be a party to the appeal.
As OLT applications can take years to complete, council would then be informed periodically in-camera on major updates. At minimum, an annual update would be provided to councillors.
At the conclusion of any appeal where direction from council was provided to actively participate, a final update would be provided, summarizing the decision and orders of the OLT, along with any activities or next steps required to be undertaken by the town to implement the outcome.
The advice of the town solicitor would be sought on a case-by-case basis to determine if the final case summary could be presented in open session.
