Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 20, 2021
CASE NO(S).: PL110363
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 582302 Ontario Limited
Subject: Failure of the City of Brampton to announce a decision respecting Proposed Official Plan Amendment No. C03 E06.016
Municipality: City of Brampton
OLT Case No.: PL110363
OLT File No.: PL110363
OLT Case Name: 582302 Ontario Limited v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant and Appellant: 582302 Ontario Limited
Subject: Application to amend Zoning By-law 151-88 of the City of Brampton - Neglect of City of Brampton to make a decision
Existing Zoning: OS (Open Space)
Proposed Zoning: RM (Residential Multiple ) Special Section XX
Property Address/Description: 9124 Dixie Road
Municipality: City of Brampton
OLT Case No.: PL110363
OLT File No.: PL110364
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 582302 Ontario Limited
Subject: Failure of the City of Brampton to make a decision respecting a Plan of Subdivision within 180 days
Municipality: City of Brampton
OLT Case No.: PL110363
OLT File No.: PL110365
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 582302 Ontario Limited
Subject: Failure of the City of Brampton to make a decision respecting a Plan of Subdivision within 180 days
Municipality: City of Brampton
OLT Case No.: PL110363
OLT File No.: PL110366
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 582302 Ontario Limited
Subject: Failure of the City of Brampton to make a decision respecting a Plan of Subdivision within 180 days
Municipality: City of Brampton
OLT Case No.: PL110363
OLT File No.: PL110366
PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Referred by: 582302 Ontario Limited
Subject: Site Plan
Property Address/Description: 9124 Dixie Rd (Pt Lot 6, Conc. 3, E.H.S.)
Municipality: City of Brampton
OLT Case No.: PL110363
OLT File No.: PL110372
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 582302 Ontario Limited
Subject: Failure of the City of Brampton to make a decision respecting a Draft Plan of Common Element Condominium within 180 days
Municipality: City of Brampton
OLT Case No.: PL110363
OLT File No.: PL110386
Heard: July 16, 2021 by telephone conference call
APPEARANCES:
| Parties | Counsel |
|---|---|
| 582302 Ontario Limited | Virginia MacLean |
| City of Brampton | Maggie Cheung-Madar |
| Region of Peel | Rachel Godley |
| Toronto Region Conservation Authority | Bryan Skolnik |
DECISION DELIVERED BY M.A. SILLS ON JULY 16, 2021 AND ORDER OF THE TRIBUNAL
1This telephone conference call was convened for the purpose of updating the Tribunal in regard to the status of appeals by 582302 Ontario Limited (the “Applicant”) pertaining to the land parcel municipally known as 9124 Dixie Road, in the City of Brampton.
2The original appeals were filed in 2011 and included an Official Plan amendment (“OPA”), a Zoning By-law amendment (“ZBA”), a Draft Plan of Subdivision (the “DPS”) and a Site Plan.
3Ms. MacLean advised the Tribunal that the parties have resolved the ZBA and DPS appeals and are seeking a settlement hearing on those matters.
4It has also been determined that an OPA is not required. For file record keeping purposes, Ms. McLean is asked to submit written notification to the Tribunal Case Coordinator of the withdrawal of the OPA appeal.
5The only two remaining issues in dispute relate to engineering aspects of the common element of the Site Plan. In that regard, it was indicated that City staff are continuing to review the report and discussions are ongoing. Ms. Cheung-Madar indicated that the final report and staff recommendation is expected to be before City Council in August or September 2021.
6In the circumstances, the Tribunal has determined that it is appropriate to schedule three days on the calendar; first, to hear and consider the settlement of the ZBA and DPS appeals, and successively, if not otherwise resolved, to hear the evidence on the engineering issues involving the Site Plan.
7Accordingly, a three-day video hearing is scheduled beginning on Wednesday, October 6, 2021 commencing at 10 a.m.
8Parties and participants are asked to log into the video hearing at least 15 minutes before the start of the event to test their video and audio connections:
https://global.gotomeeting.com/join/326148941
Access code: 326-148-941
9Parties and participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
10Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line: 1 (647) 497-9391. The access code is 326-148-941.
11Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
12No further notice will be provided.
13This Member is not seized.
“M.A. Sills”
M.A. SILLS
VICE-CHAIR
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.