At the Council meeting on Tuesday, May 18, 2021, Mayor Sanderson provided a report out of the closed session announcing that Council has approved proposed Minutes of Settlement for Local Planning Appeal Tribunal (LPAT) Appeal Case # PL200619 submitted by the Applicant (AON Inc., 2107401 Ontario Inc., Penryn Park Estates Inc., and Penryn Mason Homes Inc.).

Council authorized its solicitor to sign the Minutes of Settlement on behalf of the Municipality. Council also directed its solicitor and Planning staff to attend the virtual Case Management Conference scheduled by LPAT on May 28, 2021 to support the proposed Minutes of Settlement.

The Minutes of Settlement signed by both parties include a revised Draft Plan of Subdivision, Draft Conditions of Subdivision Approval, Official Plan Amendment and Zoning By-law Amendment for the Phase 5A lands submitted to the Municipality in April 2021 and seeks permission to develop 271 single detached residential dwellings accessed by an array of public roads and lanes and serviced by municipal infrastructure.

The proposed settlement has been thoroughly evaluated by the municipality’s solicitor and Planning manager and represents good planning practices. If approved, the settlement includes:

  • The development of 271 single dwelling units on the westerly portion of the subject land. This will increase the existing housing supply in the Municipality and makes full use of planned and available infrastructure and municipal services. Additionally, it will generate tax revenues and increase available development charges – all of which benefits the residents of the Municipality greatly.
  • Agreement by the Applicant not to seek any approval from LPAT Block 272, which is located in the most easterly portion of the subject lands and includes the woodlands and 120 metres of buffer lands to the west, at the May 28, 2021 Case Management Conference. However, the applicant will seek confirmation from LPAT that the appeal remains in force and effect for Block 272 only.
  • The Applicant will be required to prepare and submit to the Municipality further studies for review (for example, updated Environmental Impact Study and Cultural Heritage Impact Assessment), prior to seeking a new case management conference date for Block 272.
  • Upon final resolution of the development approvals related to Block 272, the Municipality will acquire approximately 15 acres of forested property at no cost. This property is known as the Little Creek Lands. The Applicant will also construct a public trail on this property, which will connect to the existing municipal trail network. This property will be owned and maintained by the Municipality for residents and visitors to enjoy.

In their decision making, Council considered previous Ontario Municipal Board (OMB) decisions associated with the properties in question, which are reflected in the 2006 and 2014 Municipality Official Plans residential designations and the implementing Zoning By-laws.

“This development has garnered immense interest from the community, and it is with that lens that we are exercising great transparency and releasing the Minutes of Settlement for our residents to review well ahead of next week’s Case Management Conference,” notes Bob Sanderson, Mayor of the Municipality of Port Hope. “As your municipal council, we have a responsibility to represent the interests of the entire Municipality and to make decisions that serve the community as a whole. We have undertaken a lengthy process, without prejudice, to explore opportunities for a mutually beneficial settlement and acted on behalf of the residents of Port Hope.”

It is important to note that once a matter is appealed to the Local Planning Appeal Tribunal (LPAT), the final decision on any such matter rests with the LPAT and not with the Council of the Municipality of Port Hope. As such, the Minutes of Settlement will need to be approved by the LPAT before they are considered final.

Council has directed the solicitor and staff to make any appropriate technical and stylistic modifications to the plan instruments as may be required prior to the Case Management Conference. The Minutes of Settlement will then be presented by staff and legal counsel for both parties to the LPAT at the Case Management Conference on May 28, 2021. The LPAT will review and rule on the submission and provide next steps. The Municipality will share the LPAT decision publicly when it is available.

Questions about Case Management Conference must be directed to the LPAT Tribunal Case Coordinator: Ben Bath at Ben.Bath@ontario.ca.