Norfolk County resolves Ontario Land Tribunal appeal through mediation

Norfolk County has successfully resolved a development dispute through mediation, following an appeal to the Ontario Land Tribunal that stemmed from Council’s decision to deny a proposed residential application.

In July 2024, the Norfolk County Public Hearing Committee received a Planning report regarding a proposed development application for lands located at 487 Norfolk Street South, Simcoe. The report, prepared by Norfolk County Planning staff, recommended approval based on conformity with the County’s Official Plan and the Provincial Policy Statement. The application included a zoning by-law amendment to facilitate the construction of a 3-storey, mixed-use development. Following the Public Hearing Committee Meeting, the matter was brought forward to a Special Council Meeting on September 4, 2024, where Council voted to deny the application, citing concerns raised by local residents and broader community impacts. A recording of the Special Council meeting is available online at norfolkcounty.ca/SpecialCouncilSept42024.

Under Provincial legislation, the applicant exercised their right to appeal Council’s decision to the Ontario Land Tribunal (OLT). The OLT is an independent adjudicative tribunal that hears and resolves matters related to land use planning, such as zoning changes, subdivisions, and official plans, when residents or developers disagree with municipal decisions. It works by reviewing appeals, holding hearings where both sides present evidence, and making legally binding decisions based on planning laws and policies. The OLT operates under the Ontario Land Tribunal Act, 2021, as well as its own rules of practice and procedure. It reports administratively to the Ministry of the Attorney General.

To defend Council’s position, Norfolk County retained external legal experts. After extensive review and strategic consideration, including the inability to find independent Planning experts that would support Council’s decision to deny the application and further independent advice on the chances of success at the OLT hearing, it was determined that the most prudent course of action was to pursue a mediated settlement. This approach aimed to secure additional community benefits while minimizing financial exposure for Norfolk taxpayers. Council received advice that costs to defend its decision to deny the application would cost thousands of dollars with little to no chance of success.

Through mediation facilitated by the Tribunal, the County and the applicant agreed to several modifications to the original proposal. These included improvements to traffic flow in and out of the site and enhanced buffering along the property’s perimeter to address concerns raised by neighbouring residents.  While the settlement may be viewed by some as disappointing, Norfolk Council made the decision to avoid having taxpayers pay needless thousands of dollars on a losing position that stood no chance of success at the OLT.

Norfolk County is pleased to have reached an amicable resolution that balances development with fiscal stewardship. The County remains committed to advancing development applications in accordance with Provincial legislation, while prioritizing the interests of all Norfolk residents. 

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