Notice of Refusal of a Draft Plan of Subdivision

Category
Development Management

Take Notice that the Town of Collingwood Council refused an application for a proposed Plan of Subdivision on February 21, 2024 under Section 51 of the Planning Act.

Location: 5 Silver Creek Drive, Collingwood
(Huntingwood Trails Collingwood – East Lands)

The proposed development is located on the south side of Highway 26 West.
Legal Description: Part of Lots 47, 48 and 49, Concession 12; Town of Collingwood, County of Simcoe

Area: Approximately 29 hectares 

The purpose and effect of the proposed Plan of Subdivision is to subdivide the subject lands into lots and blocks for residential purposes. The Plan of Subdivision is proposed to consist of seven (7) lots comprised of single detached dwelling units, seven (7) lots comprised of 14 semi-detached dwelling units, and twelve (12) blocks comprised of 48 townhouse dwelling units. The proposal also includes two (2) walkway blocks, two (2) Environmental Protection Area blocks, one (1) Road Widening Block along Highway 26, and one (1) road with a proposed connection to the Huntingwood Trails ‘West’ lands, which received Draft Plan approval in September 2022.

Public and Agency Comments Received: 
All written submissions received in response to the application was considered, the effect of which helped to make an informed recommendation and decision as summarized in Staff Report P2024-04. Written correspondence received following the Committee of the Whole meeting was circulated to Council and reviewed by staff. 

Reasons for Refusal: 
For the reasons set out in Staff Report P2024-04, Council has refused the application for concurrent Official Plan and Zoning By-law Amendments. Significant and extensive technical comments pertaining to transportation (potential Highway 26 Bypass), natural heritage, and natural hazard matters were received in response to the subject applications and these significant matters, along with strong potential for Indigenous Communities’ involvement in the subject applications, could not be addressed within the statutory timeframes provided for under the Planning Act. Town staff and agencies were unable to determine consistency or conformity to the relevant planning instruments without significant update to the supporting materials. Furthermore, establishing the principle of development subject to provisions or conditions to confirm consistency or conformity of the proposal to the applicable land use planning instruments and the technical viability of the development would not represent good planning. 

When and How to File an Appeal:
An appeal of the decision of the Town of Collingwood Council to the Ontario Land Tribunal (OLT) must be filed with the Town of Collingwood no later than 20 days after the date of this notice. The last date of appeal is March 21, 2024. The appeal must be filed with the Clerk, Town of Collingwood, P.O. Box 157, 97 Hurontario Street, Collingwood, Ontario L9Y 3Z5. The appeal must set out the reasons for the appeal and be accompanied by the fee required by the Tribunal as prescribed under the Ontario Land Tribunal Act. A copy of the appeal form is available on the OLT’s website.

Who Can File an Appeal:
Any of the following may, at any time before the approval of the final plan of subdivision, appeal any of the conditions imposed by the Town of Collingwood Council to the OLT by filing a notice of appeal with the Town of Collingwood: the applicant; any public body, that, before the Town of Collingwood Council made its decision, made oral submissions at a public meeting, if one was held, or written submissions to the Town; the Minister; or the municipality in which the subject land is located.

No person or public body shall be added as a party to the hearing of the appeal of the decision of the Town of Collingwood Council, including the lapsing provisions or the conditions, unless the person or public body, before the decision of Council, made oral submissions at a public meeting or written submissions to the Town of Collingwood, or made a written request to be notified of changes to the conditions or, in the OLT’s opinion, there are reasonable grounds to add the person or public body as a party. 

Related Applications:
The subject lands are also the subject of an application for a proposed Official Plan Amendment and Zoning By-law Amendment (File No. D0840223).

Additional Information:
More information about this matter, including information about your appeal rights, is available during regular office hours: Monday to Friday between 8:30 a.m. and 4:30 p.m. by contacting:
Lindsay Ayers, Manager, Planning 
layers@collingwood.ca or 705-445-1030 Ext. 3276 or in-person by appointment only