Proposed Tim Horton in Caledon East – OLT Appeal

 For Information

POPA 2019-0007, RZ 2019-0010 and SPA 2019-0066 – Proposed Tim Horton in Caledon East – OLT Appeal

1. When were the applications submitted?

Weston Consulting submitted applications for Official Plan Amendment (POPA 2019-0007) and Zoning By-law Amendment (RZ 2019-0010) on January 28, 2020 to redevelop the properties at 16054 and 16060 Airport Road. The applications proposed the demolition of the existing dwellings to allow for a drive-through restaurant.

2. When was it deemed complete?

The applications were reviewed and deemed complete on February 6, 2020.

3. When was the Public Meeting Held?

The statutory public meeting for the application was held on September 15, 2020.

4. What is the required Planning Act timelines for approval?

The applicant submitted a revised submission to the Town in June and August 2022 including a Site Plan application. The revised submission included additional lands acquired by the owner at 16068 Airport Road. The revised application proposes a one story restaurant with a drive-through facility and two commercial/retail units.

5. Why was there a second Public Meeting?

A second public meeting was held on February 21, 2023, because the revised submission was significantly different from the original submission and included additional lands that were not part of the original applications.

6. Why hasn’t a staff report been prepared for Council consideration?

Planning staff met with the applicant following the February 21, 2023, public meeting to discuss staff comments, discuss heritage related issues with the proposed development.  Staff also followed up with the applicant for status and their timing for resubmission and the applicant advised in May 2023 that they are working through staff and agency comments, include a recent meeting with the Region to discuss the Region’s concerns.

Staff have not prepared a staff report because it typically takes some months for an applicant to coordinate with all involved consultants to prepare a resubmission on applications, especially when significant revisions are requested by staff.

7. When was the Ontario Land Tribunal appeal received by the Town?

The Town received an OLT appeal from the applicant on May 10, 2023.

8. Why did the applicant appeal?

The applicant appealed to OLT because Council has not made a decision yet (non-decision).

Under the Planning Act, Council is required to make a decision within 120 days of receiving combined Official Plan Amendment and Zoning By-law Amendment applications.

9.What happens with non-decision appeal?

Town staff will prepare a staff report to Council seeking directions on how to proceed with the OLT hearing.

10. Can community members participate in the OLT hearing?

Yes. Any member of the public who has participated in the review process, by either making oral submissions at the public meetings for the application or made a written submission to the Town will be notified of the OLT proceedings. Any such member will have the ability to attend the proceedings and may be able to request party or participant status in the proceeding.

Parties are fully involved in the proceedings before the OLT, and are expected to file submissions, present evidence at the hearing, question witnesses and fully understand the issues in dispute. They may also request adjournments, seek costs or a review of the decision at the end of the hearing. For more information, refer to Rule 8 of the OLT Rules.

Participants have a limited role in the appeal, except as provided for by legislation. They do not fully take part in the proceedings and may only provide written submissions to the OLT, pursuant to s. 17 of the Ontario Land Tribunal Act, 2021. Participants may not request costs, adjournments, or a review of the decision. For more information, refer to Rule 7.7 of the OLT Rules.

Additional information on OLT proceedings can be obtained at:

Home Page | Ontario Land Tribunal (gov.on.ca)

Hearings-Guide.pdf (gov.on.ca)

What are the next steps?

Planning staff will work with our legal team to prepare a staff report to Council to obtain direction from Council on how to proceed.