Today, I am providing a quick follow up on the updates I shared on March 7th. As you may remember, ClubLink has filed an appeal to the Local Planning Tribunal (LPAT).
Specifically, ClubLink appealed both the Zoning By-Law and the Plan of Subdivision. The grounds for their appeal are the lack of a decision within the statutory timelines by the city on their applications. As shared previously, it is not unusual, particularly given the complexity of this file, that these timelines are not met.
I have been informed that the Case Management Conference on these appeals has been scheduled for October 9, 2020. At this meeting, the issue of setting a date to hear this appeal will be dealt with by LPAT. Additionally, at this meeting a determination of party status or participant status will be made. To be able to obtain a party status one must submit this form. To submit a participant status this form must be submitted.
I share the community’s frustration that ClubLink, Minto, and Richcraft continue to rush this forward, and have taken the decision away from City Council and have instead asked a Tribunal to issue a decision. They are demonstrating a blatant disregard for our community and that will not be forgotten.
I had shared answers to frequently asked questions on May 1st, but would like to highlight key points and latest FAQs to ensure our community has the most up-to-date information available.
- The above-mentioned Case Management Conference has no implications on the legal process currently underway. We have not received a decision in this case.
- Prior to the first LPAT procedural hearing, ClubLink will send notices to properties that are within a 120-metre radius of the ClubLink property. Further, I will ensure our community is kept up to date.
- What and who is the Local Planning Appeal Tribunal (LPAT)?
LPAT is a Provincial adjudicative body that hears cases on a wide range of municipal planning, financial, and land matters. It receives its general powers from the Local Planning Appeal Tribunal Act and the Statutory Powers Procedure Act (SPPA). The Provincial government appoints its members, chairs, and vice-chairs. Hearings are held by the tribunal throughout the Province.
- Does LPAT have an obligation to be transparent with the community in the way they arrive at a decision?
LPAT decisions are made on the basis of the evidence, policy, and submissions before them. In the event these matters do proceed to a hearing, a written decision setting forth the basis of any findings and conclusions arrived at by the Tribunal will be issued and available to the community.
- Does ClubLink have any legal ground to appeal to LPAT? If so, why and how?
Pursuant to subsections 34(11) and 51(34) of the Planning Act, ClubLink can appeal to LPAT. According to the Act, Zoning By-Law Amendments and Plans of Subdivisions can be appealed after 90 days or 120 days of the application being deemed complete. They can do so by submitting an appeal document and a cheque to LPAT. You can read ClubLink’s letter to LPAT here.
- What gives LPAT the right to overturn, interfere with what is happening with Ottawa Planning?
The Planning Act provides the Tribunal with the authority to hear appeals with respect to subdivisions and zoning by-law applications.
- Is a decision of LPAT subject to review?
A rehearing can be sought from the Tribunal where a serious error of fact, law, or natural justice was made by the Tribunal. An appeal of the Tribunal lies on a question of law to Divisional Court where permission from that Court has been obtained to bring forward the appeal.
- Will the applications go before Planning Committee before the LPAT hearing date?
There will be a report going to Planning Committee before an LPAT hearing (not to be confused with the case conference) on the merits of the zoning by-law application and plan of subdivision occurs. The report going to Planning Committee will outline the facts of the application and ask Committee to approve instructions for our legal team to proceed at LPAT. I will ensure our community is notified when this report is going to Planning Committee.
- Can anyone in the community present information in anyway at the LPAT hearing? Can residents have status at LPAT?
When the notice of case management conference comes out, a person can seek participant or party status. As mentioned above, there is a form that residents will have to fill out and then the Tribunal will decide at the conference if the status will be granted. Participant status only permits one to file written material for the hearing. Party status, which is more difficult to obtain, allows the presentation of oral evidence and the questioning of witnesses.
- In your opinion, would any resident be given party status, or would this be reserved for community associations like the Kanata Greenspace Protection Coalition?
Party status is only given to entities that are incorporated, such as the Kanata Greenspace Protection Coalition. The chances of getting such status will be greater if they retain a planner. It is unlikely that individuals will be granted party status.
I will continue to provide updates to our community as I have them. Please reach out anytime.