Developers taking township to Ontario Land Tribunal

SALEM – Shane Lambert says he has had enough of developers trying to run roughshod over planning decisions made close to home.

Centre Wellington’s urban boundary, water and wastewater systems, road networks, and growth plan have been consulted on, passed by council, and policies on how to carry it all out, if not yet updated, are in the works.

And yet six developers – who were included in the urban boundary for a brief moment after the Ford government said in April of 2023 that Fergus would grow north and then flip-flopped on that decision six months later – are taking the township to the Ontario Land Tribunal (OLT).

One of the cases had its first hearing in December, with a second hearing slated for March. 

Lambert, who lives on Sideroad 15 near two of the development proposals, holds participant status at the hearings and is circulating a petition hoping to impress upon the government that careful planning will build thoughtful communities where people will want to live.

“I’m not opposed to development in Elora or Fergus if it’s for the benefit of the community,” he said in a phone interview. “But when I can see it’s detrimental, I’m happy to blow the whistle.”

Wellington County and the Township of Centre Wellington were in the midst of an official plan review when the Ministry of Municipal Affairs and Housing announced on April 11, 2023, that the Fergus boundary would extend north to Sideroad 15.

Also announced at the time was that parts of Ontario’s protected Green Belt would be open for development. That erupted into the Green Belt scandal, Minister Paul Calandra resigned, and a scant six months later, on Oct. 23, 2023, the province reversed all its urban boundary decisions.

Wellington County and Centre Wellington carried on with their studies. 

Centre Wellington council approved a boundary expansion in October 2024 and a revised version in April 2025. Most of the new boundary extends south of the current township limits, along Highway 6 to 2nd Line in Fergus, and includes the Fergus South Secondary plan lands.

The county adopted Centre Wellington’s proposed urban expansion in the official plan (OPA 126) last April and the Ministry of Municipal Affairs and Housing approved it in November.

“They decided to spread south of the Grand River, west of Highway 6,” Lambert said. “It was the least cost and on a major transportation route. This is what makes sense.

“However, a bunch of land speculators purchased land north of Fergus and now they are excluded (from the boundary). Unfortunately, these folks took a gamble and lost.”

But they haven’t lost yet, as they hope the OLT will agree with their arguments that the Fergus boundary should extend north.

The properties involved include:

• 6574 Gerrie Rd. and 7581 Nichol Road 15, known as Elora Sands, purchased in 2022 by Cache Homes;
• 6704 Beatty Line N, 6684-6688 Beatty Line N and 7692 Sideroad 15, known as Fergus Oaks, purchased for $24 million on Aug. 24, 2023;
• 7715 Sideroad 15 owned by James Keating construction since 2016; 
• 6586 Beatty Line owned by Sorbara Tribute, since 2011;
• 968 St David St. N, Fergus (Polocorp); and
• 6581 Highway 6, Fergus (Polocorp).

Elora Sands had its first hearing in December 2025.

According to memorandum issued by the OLT, “Elora Sands Developments Inc. has filed an appeal against the Township of Centre Wellington’s failure to make a decision regarding an application for an official plan amendment pursuant to s.22(7) of the Planning Act.”

Under the act, applicants can appeal to the OLT if a council or planning board fails to make a decision within 180 days, or if they refuse an application. The notion of the time limit is to speed up planning decisions and get homes built quicker, according to the province.

Elora Sands also filed an appeal against Wellington County and the OLT agreed to hear the two cases together, as they have the same argument.

Elora Sands submitted its application to the township in March of 2025 and it was deemed complete in April 2025.

Tribute (Fergus Oaks Limited), Polocorp Inc.,  Fergus South Inc. and Sorbara/Tribute sought party status in this hearing as each has similar arguments against the township and the county in their separate appeals.

The OLT will make a decision on party status at the next case management meeting in March.

In an interview, Tom Keating, president of James Keating Construction, said he was drawn into the appeal because his land on Sideroad 15 abuts Elora Sands. If Elora Sands wins its case and is included in the urban boundary, his land would be too.

“We’re involved automatically,” he said, emphasizing that he didn’t initiate the appeal and is content to sit on the property for many years until the timing is right for another urban expansion.

He called the period when the province made all those hasty changes “a roller coaster” and said the boundary the province imposed on Centre Wellington “didn’t make sense.

“And the township completed its independent process,” setting boundaries he can live with, he said.

Marcus Gagliardi, senior lands development manager with Cache Homes, said in an email the Elora Sands proposal marks a natural extension of the township boundary, especially when taken with the Clayton farm they purchased at the same time.

The Clayton farm property is on the southwest corner of Sideroad 15 and Irvine Street and recently won its case at the OLT.

“From the outset, our objective was to plan comprehensively on both sides of Irvine Street and create a cohesive neighbourhood, rather than a fragmented development,” Gagliardi stated in an email

“As part of those approvals, the township and county have imposed approval conditions requiring the urbanization of both Sideroad 15 and Irvine Street along our frontages … in our opinion consistent with this area representing logical and coordinated urban growth.

“We fully acknowledge and appreciate that this growth will not happen overnight – it represents a plan that spans a 10- to 15-year horizon.”

In his petition, Lambert says the township’s official plan is “under threat due to proposed large-scale development lobbyists appealing to the Ontario Land Tribunal. 

“Behind closed doors, the government of Ontario is considering approximately 900 acres of developments that do not conform to our plan and disrespect the best interests of our community.”

He points out there are a limited number of river crossings, and significant development north of the Grand River “would lead to significant commuter traffic chaos, making daily journeys cumbersome and frustrating.

“It’s crucial that we take a stand to preserve what makes our towns special,” the petition continues.

“By opposing development between our rivers, we send a powerful message that the protection of our environment, community infrastructure, and local economy are priorities. 

“Our local government has created an official plan for development that meets the requirements set by the provincial government, serves the best interests of residents, protects our natural resources, and preserves the character of our towns. 

“Defend our official plan from interference of the OLT and short-sighted land speculators.”