Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 10, 2021
CASE NO.: PL171032
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fieldgate Developments
Subject: Application to amend Zoning By-law No. 270-2004 - Refusal or neglect of City of Brampton to make a decision
Existing Zoning: Agricultural (A)
Proposed Zoning: Open Space (OS), Floodplain (F), Residential Single Detached C Section 1379 (RIC-1379, and Residential Detached F – x with site specific development standards
Purpose: To permit a proposed subdivision
Property Address/Description: North of Steeles Avenue West and East of Churchville Road
Municipality: City of Brampton
Municipality File No.: C03W02.007
OMB Case No.: PL171032
OMB File No.: PL171032
OMB Case Name: Fieldgate Developments v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fieldgate Developments
Subject: Proposed Plan of Subdivision - Failure of City of Brampton to make a decision
Purpose: To permit a plan of subdivision
Property Address/Description: North of Steeles Avenue West and East of Churchville Road
Municipality: City of Brampton
Municipality File No.: 21T-13002B
OMB Case No.: PL171032
OMB File No.: PL171033
BEFORE:
M.A. SILLS
Wednesday, the 10^th^
VICE-CHAIR
day of November, 2021
THIS MATTER having been the subject of a case management conferences held on February 18 and June 19 in 2018, February 8 in 2019 and May 12, 2021, as well as a hearing held virtually on October 1, 2021;
AND THE TRIBUNAL having received the affidavit and oral evidence of Carl Brawley, whom the Tribunal accepts as an expert qualified to give opinion evidence in the field of land use planning, on behalf of the applicant/appellant, Fieldgate Development;
AND THE TRIBUNAL having received draft versions of the Planning Act instruments proposed for approval, which were provided as Exhibits “E” (Zoning By-law Amendment), “B” (Draft Plan of Subdivision) and “F” (Draft Plan Conditions) to the Affidavit of Carl Brawley;
AND THE TRIBUNAL having been satisfied that the above-noted instruments constitute good planning;
AND THE TRIBUNAL having considered the submissions of the parties, being Fieldgate Development, the City of Brampton and the Orangeville Railway Development Corporation, and the submissions of the participant, Mr. Emil Roll, concerning the neighboring lands at 8157 Churchville Road,
THE TRIBUNAL ORDERS THAT:
The appeals filed by Fieldgate Developments in OLT File No. PL171032 are hereby granted in part.
With the consent of the parties, the following are hereby approved:
a. Zoning By-law Amendment attached as Schedule “A”.
b. Draft Plan of Subdivision attached as Schedule “B”.
c. Draft Plan of Subdivision Conditions attached as Schedule “C”.
- The Tribunal may be spoken to concerning issues arising from the implementation of this Order.
“Euken Lui”
EUKEN LUI
ACTING REGISTRAR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
SCHEDULE A
SCHEDULE B
SCHEDULE C