Neil Davis

The Ontario Land Tribunal held a first Case Management Conference regarding various appeals of the City of Brampton's Official Plan Amendment for interim policies of Major Transit Station Areas.

The parties requested a second CMC to allow time to narrow the Issues List and prepare a draft Procedural Order.

The Tribunal scheduled a second CMC for May 30, 2024, to proceed by video.

Following a Case Management Conference, the parties submitted a final Procedural Order and Issues List on consent.

The Tribunal issued the Procedural Order to govern the upcoming hearing.

The Tribunal also considered a late request for party status from a residents association, but granted participant status instead because the request lacked sufficient content to assess its merits.

The applicant sought approval of revised draft plan of subdivision and draft plan conditions, and the issuance of the Phase 2 Order for a residential development in the Town of Milton.

The Tribunal had previously withheld the Phase 2 Order pending the satisfaction of certain conditions, including the registration of private agreements and a restriction on pre-sales until servicing allocation was secured.

Based on uncontested affidavit evidence from a land use planner confirming that these conditions had been met and that all parties consented to the revisions, the Tribunal approved the revised draft plan and conditions, issued the Phase 2 Order, and extended the lapsing date by three years.

The appellants appealed the City of Brampton Committee of Adjustment's refusal of their applications for provisional consent to sever a lot and for minor variances to lot width.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found that the proposed consent had regard for provincial interests and the criteria in section 51(24) of the Planning Act, and that the minor variances met the four tests under section 45(1).

The appeals were allowed in part, granting provisional consent and authorizing the variances subject to agreed-upon conditions.