Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: June 04, 2021
CASE NO(S).: PL200603
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ashley Heritage Joint Venture & 840966 Ontario Ltd
Subject: Application to amend Zoning By-law No. 270-2004 - neglect of the City of Brampton to make a decision
Existing Zoning: Agricultural (A)
Proposed Zoning: Residential, Industrial and Open Space, with the exception of two “Future Development” blocks,
Purpose: To permit 232 single detached dwellings, a parkette, a school block, a stormwater management block, open space and environmental buffer blocks, future commercial blocks, and a future condominium block.
Property Address/Description: 8331 Heritage Road
Municipality: City of Brampton
Municipality File No.: C05W02.008
LPAT Case No.: PL200603
LPAT File No.: PL200603
LPAT Case Name: Ashley Heritage Joint Venture & 840966 Ontario Ltd 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: Ashley Heritage Joint Venture & 840966 Ontario Ltd
Subject: Proposed Plan of Subdivision - Failure of City of Brampton to make a decision
Purpose: To permit residential and commercial development
Property Address/Description: 8331 Heritage Road
Municipality: City of Brampton
Municipality File No.: 21T-190115B
LPAT Case No.: PL200603
LPAT File No.: PL200604
Heard: May 4, 2021 by telephone conference call
APPEARANCES:
| Parties | Counsel |
|---|---|
| Ashley Heritage Joint Venture and 840966 Ontario Ltd. | Pittman Patterson and Katie Butler |
| City of Brampton | Matthew Rea |
| Maple Lodge Farms | Joel Farber and Albert Engle |
MEMORANDUM OF ORAL DECISION BY M.A. SILLS ON MAY 4, 2021 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) regarding appeals by Ashley Heritage Joint Venture and 840966 Ontario Ltd. (“Applicant/Appellant”) from the failure of the Council of the City of Brampton to make a decision on an application to amend Zoning By-law No. 270-2004 and a proposed Plan of Subdivision for the property located at 8331 Heritage Road, Block 40-3, in the City of Brampton (the “Subject Lands”.
2The Subject Lands comprise an area of approximately 38 hectares (“ha”) with 366 metres (“m”) of frontage on Heritage Road. The Applicant proposes to develop these lands with 282 residential units on approximately 23 ha of developable lands.
3The Subject Lands are designated Residential Area and Open Space in the Official Plan and zoned (A) Agricultural by Zoning By-law No. 270-2004. These lands are also within the Bram West Secondary Plan Area (“Secondary Plan”) and the Stage 2 Block Plan for the Riverview Heights Community.
4A large portion of the Subject Lands are within Special Policy Area 16 (“SPA 16”) of the Secondary Plan. SPA 16 establishes a (maximum) non-agricultural source materials (“NASM”) separation distance of 450 m from the Maple Lodge Farms (“MLF”) operation on the lands to the west.
5The Tribunal received one Request for Party Status and one Request for Participant Status in advance of this CMC. Without objection, Maple Lodge Farms is granted party status and Ghulam Farooq Tareen is granted participant status. At Mr. Tareen’s request, his Request Form is accepted as his Participant Statement.
6Local residents Murray Cooke and Joseph and Josephine Canning joined the call for information purposes only.
7Mr. Patterson explained that as the NASM required separation distance has no application to the easterly lands, the Applicant is proposing to divide the plan of subdivision into two phases, with the development of the easterly lands as Phase 1, and the westerly lands as Phase 2.
8The parties are pursuing Tribunal-led mediation and Mr. Patterson has agreed to take the lead in formalizing and coordinating the request. There is optimism among the parties that this matter can be resolved through the mediation process.
9The parties have requested that two additional one (1) day hearing dates be scheduled on the Tribunal’s calendar; the first in early July 2021 and the second mid to late September 2021.
10The Tribunal has scheduled future CMCs by Telephone Conference Call (“TCC”) on Tuesday, July 20, 2021 at 9 a.m. and on Thursday, September 30, 2021 at 9 a.m.
11The parties are directed to call 416-212-8012 or Toll Free 1-866-633-0848 on the assigned dates at the specified time. When prompted, enter the code 4779874# to be connected to the call. It is the responsibility of the person(s) participating in the call to ensure that they are properly connected to the call at the correct time. Questions prior to the call may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12The July 20^th^ date is for the purpose of updating the Tribunal on the status of the mediation and, if necessary, to finalize a draft Procedural Order