Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August 11, 2021
CASE NO(S).: PL170607
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Flintshire Building Group Corp. Subject: Request to amend the Official Plan - Failure of the City of Brampton to adopt the requested amendment Existing Designation: “Low Density”, “Low Density 1”, “Upscale Executive Housing Policy Area” and “Private Commercial Recreation” Proposed Designated: “Executive Residential” and “Low Density 2” Purpose: To permit 67 single-detached dwellings and the conveyance of the balance of the site to the City for the protection of natural heritage features Property Address/Description: South Side of Country Drive East of Airport Road Municipality: City of Brampton Approval Authority File No.: C07E15.015 OLT Case No.: PL170607 OLT File No.: PL170607 OLT Case Name: Flintshire Building Group Corp. 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: Flintshire Building Group Corp. Subject: Application to amend Zoning By-law No. 270-2004 - Refusal or neglect of the City of Brampton to make a decision Existing Zoning: Recreational Commercial “RC” Zone Proposed Zoning: Site Specific Residential Single Detached Zones “R1A”, R1B” and “R1C, modified , Open Space zone “OS” and Flood plain zone “F” Purpose: To permit 67 single-detached dwellings and the conveyance of the balance of the site to the City for the protection of natural heritage features Property Address/Description: South Side of Country Drive East of Airport Road Municipality: City of Brampton Municipality File No.: C07E15.015 OLT Case No.: PL170607 OLT File No.: PL170608
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Flintshire Building Group Corp. Subject: Proposed Plan of Subdivision - Failure of City of Brampton to make a decision Purpose: To permit 67 single-detached dwellings and the conveyance of the balance of the site to the City for the protection of natural heritage features Property Address/Description: South Side of Country Drive East of Airport Road Municipality: City of Brampton Municipality File No.: 21T-16005B OLT Case No.: PL170607 OLT File No.: PL170609
Heard: July 29, 2021 by telephone conference call
APPEARANCES:
| Parties | Counsel*/Representative |
|---|---|
| Flintshire Building Group Corp. | Paul DeMelo* |
| City of Brampton | Matthew Rea* |
| 2585426 Ontario Inc. | Frank Carbone and Steve Kirby |
MEMORANDUM OF ORAL DECISION DELIVERED BY SHARYN VINCENT ON JULY 29, 2021 AND ORDER OF THE TRIBUNAL
1This Case Management conference (“CMC”) was called to organize the proceeding arising from the request to vary the Plan of Subdivision which was the subject of the May 8, 2019 decision of the Tribunal. The request to vary was granted by the Tribunal pursuant to s. 35 of the Local Planning Appeal Tribunal Act (“LPATA”) in response to evidence brought to the attention of the Tribunal, affecting Flintshire Building Group Corp.’s (“Flintshire”) ability to implement the approved draft Plan of Subdivision.
2Subsequent to the hearing on the merits of the three related appeals wherein the appeals to re-designate, rezone and grant draft plan approval were allowed by the Tribunal, Council for the City of Brampton (“City”), contrary to the recommendation of staff, decided against allowing the two blocks of land which had previously been conveyed to the municipality to ultimately be redeployed by Flintshire to accommodate road and servicing extension to the lands subject of the related appeals.
3As a result, Flintshire requested the opportunity pursuant to s. 35 of the LPATA to bring a revised Plan of Subdivision before the Tribunal for adjudication, and that the Order clause of the Decision be varied to reference a revised Plan of Subdivision. The request for consideration was granted by correspondence dated April 26, 2021, and this CMC was scheduled.
4All three Parties made submissions with respect to the history of the appeals, which is well documented in the file correspondence on the matters. Rosemary Keenan representing the Peel Region Branch of the Sierra Club of Canada continued her Participant status and was present on the conference.
5The Tribunal confirmed the purpose of the current proceeding to establish a hearing date for the revised Plan of Subdivision, should the technical nature of the revisions to road layout, the reduction in number of lots from 69 to 67, and servicing, made necessary by the exclusion of the City controlled blocks known as Blocks 99 and 109 respectively, not be resolved through the recirculation process.
6Counsel for Flintshire undertook to submit the necessary updated technical studies on servicing and traffic operations to the City by the end of August and to provide the revised plan to the representatives of 2585426 Ontario Inc. immediately following the CMC.
7Counsel for the City advised that a hearing later in the fall would accommodate the time necessary for the recirculation and reporting to council.
8Accordingly, a three-day hearing was scheduled.
9The Parties are directed to co-operate and create a joint document book, together with establishing appropriate exchange dates and a consolidated issues list once the necessary circulation and resulting discussions have occurred. All such materials are to be exchanged, and submitted in both hard copy and electronic format not less than two weeks prior to the commencement of the hearing.
ORDER
10Paragraph 45(c) to the decision of May 8, 2019 is varied and the approval of the draft Plan of Subdivision is set aside in accordance with my disposition letter arising from the s. 35 request filed by Flintshire. The revised draft plan will be determined by the Tribunal after a hearing.
11A three-day video hearing will commence on Wednesday, January 26, 2022 at 10 a.m.
https://global.gotomeeting.com/join/840693397
Access Code: 840-693-397
12Parties 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
13Persons 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: Toll-Free 1-888-299-1889 or +1 (647) 497-9373. The Access Code is as indicated above.
14Individuals 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 video hearing 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.
15The Member is not seized but may be spoken to should assistance be required in the case management of bringing the matter back before Tribunal.
16No further notice is required.
“Sharyn Vincent”
SHARYN VINCENT
VICE-CHAIR
Ontario Land Tribunal
Website: www.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.