Gregory Bender

The City of Brampton adopted the Heritage Heights Secondary Plan, which was subsequently appealed by multiple landowners and developers.

Following extensive mediation, the parties reached a settlement resulting in a Revised Heritage Heights Secondary Plan that accommodates provincial transportation and transmission corridors while increasing projected population and jobs.

Based on uncontroverted expert planning evidence, the Tribunal found the revised plan consistent with provincial policies and good planning.

The Tribunal allowed the appeals in part, approving the modified plan save for two deferred areas that remain subject to ongoing discussions.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application to permit an 8-storey apartment building and townhouses.

The core issue was whether there was adequate municipal wastewater servicing capacity for the proposed high-density residential development.

The Tribunal found that the existing sewage system lacked capacity, posing a high risk of basement flooding, and that the applicant's proposed alternative servicing solutions, including a lift station, were not feasible or permitted under the Official Plan.

The Tribunal concluded that the proposed amendment was premature, inconsistent with the Provincial Policy Statement, and did not conform to the applicable Official Plans.

The appeal was dismissed.