On Friday, November 20, 2020, the Municipality of Port Hope received a letter of appeal to the Local Planning Appeal Tribunal (LPAT) regarding the Penryn Mason Homes Phase 5 Subdivision (also called “Phase 5-Lakeside Village Community”). The appeal has been requested by the property owners (AON Inc., 2107401 Ontario Inc., Penryn Park Estates Inc., and Penryn Mason Homes Inc.).

In accordance with the provisions of the Ontario Planning Act, the property owners appealed the “non-decision by the Council for Port Hope,” with respect to their applications to amend the Official Plan and Zoning By-law, as well as their application to seek draft approval for a plan of subdivision for their lands.

Under the Planning Act, the property owners were entitled to appeal a non-decision to LPAT any time after 120 days of receipt of the property owners’ complete applications by the Municipality.

Staff have engaged municipal legal counsel to assist in the next steps of the appeal and are preparing a “Record” to submit to LPAT, which is a requirement of the process.

Upon receipt of the Record, LPAT will, in due course, schedule a Case Management Conference (CMC) and provide direction to the Municipality about the details of CMC.

As a result of the appeal, the decision on the Planning applications made by the property owners now rests exclusively with LPAT. Further, members of Council are not in a position to engage with residents about the matter while it is under appeal.

Additional details about the appeal will be included in a staff report to Council and posted on the agenda for the December 15, 2020 Council meeting.

For questions, email Theodhora Merepeza, Planning Manager or call 905-885-2431

About the Local Planning Appeal Tribunal

The Local Planning Appeal Tribunal (LPAT) is an adjudicative tribunal that hears cases in relation to a range of land use matters, heritage conservation and municipal governance. Appeals that come before LPAT are identified through policies found in the Planning Act, Aggregate Act, Heritage Act, Municipal Act, Development Charges Act and Expropriations Act. These include matters such as official plans, zoning by-laws, subdivision plans, consents and minor variances, land compensations, development charges, electoral ward boundaries, municipal finances, aggregate resources and other issues assigned by numerous Ontario statutes.

Visit the LPAT website for more details about the LPAT process.