File No: CW-OP-2301
Date of Decision: September 24, 2024
Municipality: Town of Collingwood
Date of Notice: October 8, 2024
Location: Town of Collingwood
Last Date of Appeal: October 29, 2024
A decision was made by County of Simcoe Council on September 24, 2024 to approve an Official Plan for the Town of Collingwood, as adopted by Town of Collingwood By-law No. 2023-095, and modified as per Schedule 3 to Item CCW 2024-221, save and except for the following non-decision items noted below:
Non-Decisions
That the County’s approval does not apply to the following Non-Decisions:
Non-Decision No. 1:
A Non-Decision applies to various sections of the Official Plan that reference the 2051 planning horizon for growth and development of the plan.
The specific partial policies that will not come into force include the following sections: Purpose 1.2 a), c) i,, Growth Management 4.1 a), d), e), Accommodating Projected Growth 4.3 c), and Future Community Area 5.5.1.1. b).
Non-Decision No. 2:
A Non-Decision applies to whether a Waste Management (D-4) Assessment Area should apply, and if so, the limits of the Assessment Area for Inactive Local and Private Waste Management Sites identified on Schedule 4. The Official Plan will not come into force regarding Policy 5.4.4.3 b) and Schedule 4 (in part), at this time.
Non-Decision No. 3:
A Non-Decision applies to the Black Ash Creek Subwatershed Special Policy Area including the associated policies in section 5.6.3.4 b) (partial), and section 5.6.3.5, and the Black Ash Creek Special Policy Area line identified on Schedule 3.1-Natural Hazards.
Non-Decision No. 4:
A Non-Decision applies to the Delineated Built Boundary (MPIR 2006) line identified on Schedule 1-Growth Management Plan of the Town of Collingwood OP.
Purpose and Effect of the Official Plan
It is a legislative requirement under Section 26 (1) of the Planning Act, for the council of a municipality to revise their official plan as required every 10 years to ensure that it: conforms with provincial plans or does not conflict with them, has regard to the matters of provincial interest, and is consistent with policy statements issued under Section 3 (1) of the Planning Act. This constitutes the provincial plan conformity exercise identified in Section 26 (2.1) of the Planning Act. As such, the County of Simcoe is the approval authority for local municipal official plans as per Section 17 of the Planning Act.
This decision is consistent with policy statements issued under the Planning Act and conforms and is consistent with Provincial and County plans. To view Item CCW 2024-221, visit CCW-2024-221 - Collingwood OP Approval.pdf (civicweb.net). A hardcopy of Item CCW 2024-221 will be made available for viewing upon request to the Clerk’s Department (contact information noted below).
Public Input in the form of oral and written submissions were received from the public and agencies and were incorporated into the adopted version of the Official Plan as appropriate. The effect of any further comments and associated modifications to the Official Plan since adoption are included in Schedule 3 to Item CCW 2024-221. The County is satisfied that these comments were considered and/or addressed to the greatest extent possible prior to approval of the Town’s new Official Plan.
When and How to File an Appeal
Any appeal to the Ontario Land Tribunal must be filed with the Clerk of the County of Simcoe no later than 20 days from the date of this notice, shown above as the last date of appeal.
An appeal may only be made on the basis that the part of the decision to which the notice of appeal relates is inconsistent with a policy statement, fails to conform with or conflicts with a provincial plan or, in the case of the official plan of a lower-tier municipality, fails to conform with the upper-tier municipality’s official plan.
The notice of appeal should be sent to the attention of Jonathan Magill, County Clerk, at the address shown below and it must:
- set out the specific part of the proposed official plan or official plan amendment to which the appeal applies;
- set out the reasons for the request for the appeal;
- include a completed Tribunal Appellant Form (A1); and,
- be accompanied by the fee charged under the Ontario Land Tribunal Act, 2021 in the amount of $1,100.00, payable by certified cheque to the Minister of Finance, Province of Ontario.
Please refer to the Tribunal website for the Appellant Form (A1) and more information on filing an appeal https://olt.gov.on.ca/the-ontario-land-tribunal/).
Who Can File an Appeal
Only the applicant, specified person and public bodies as defined in the Planning Act, and registered owners of lands to which the by-law will apply and who made submissions at the public meeting or who have made written submission to the municipality before the by-law was passed, will be able to appeal the decision of the County of Simcoe to the Ontario Land Tribunal.
No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Tribunal, there are reasonable grounds to add the person or public body as a party.
When the Decision is Final
The decision of the County of Simcoe is final if a Notice of Appeal is not received on or before the last day for filing a notice of appeal (please refer to the Last Date of Appeal noted above).
Getting Additional Information
Additional Information about the application is available for public inspection during regular office hours at the County of Simcoe at the address noted below, from the office of the municipality noted above, or by contacting the County of Simcoe Planning Department at 705-726-9300.
Mailing and Email Address for Filing a Notice of Appeal
County Clerk
County of Simcoe
Administration Centre,
1110 Highway 26, Midhurst, ON L9X 1N6
Email: clerks@simcoe.ca
Telephone: 705-726-9300