Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 31, 2021
CASE NO(S).:
PL141189
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Region of Peel
Appellant:
Ministry of Municipal Affairs and Housing
Appellant:
Caveze Investments Limited
Appellant:
Adriano Lori; and others
Subject:
Proposed Official Plan Amendment No. OP 2006-105
Municipality:
City of Brampton
OLT Case No.:
PL141189
OLT File No.:
PL141189
OLT Case Name:
Bottos v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 9(1) of the Ontario Land Tribunal Act, 2021, S.O. 2021, c. 4, Sched. 6
Motion by:
City of Brampton
Purpose of Motion:
Request for Determination / Directions
Subject:
Proposed Official Plan Amendment No. OP 2006-105
Municipality:
City of Brampton
OLT Case No.:
PL141189
OLT File No.:
PL141189
OLT Case Name:
Bottos v. Brampton (City)
Heard:
July 2, 2021 by telephone conference call
APPEARANCES:
Parties
Counsel
City of Brampton
B. Engell
The Regional Municipality of Peel
S. Garrod
Caveze Investments Limited
M. Cara
Maria Bottos, Gabriella Buffa,
P. Bottos
Ermes Buffa, Beppino Ceolin,
Giuliana Ceolin; Adriano Iori and
Genevieve Iori; and 2167492
Ontario Inc.
Orlando Corporation
L. Longo
Ministry of Municipal Affairs and
U. Popadic
Housing
AMB Highway BP 1 Canco Inc.,
J. Evola
AMB Highway BP 2 Canco Inc., and
AMB Highway BP 3 Canco Inc.
Toronto and Region Conservation
T. Duncan
Authority
809017 Ontario Ltd.
A. Valela
S.F. Coleraine Holdings Ltd.
K. Jennings
MEMORANDUM OF ORAL DECISION DELIVERED BY HUGH S. WILKINS ON JULY 2, 2021 AND ORDER OF THE TRIBUNAL
1This decision arises from a motion brought by the City of Brampton (“City”) in the proceedings involving appeals of the City’s Official Plan Amendment No. 2006-105 (“OPA No.105”) as it relates to the Highway 427 Industrial Secondary Plan Area. The motion seeks modifications to OPA No. 105 on consent.
The Motion
2The City seeks the following relief on its motion:
an Order modifying the remaining unapproved portions of the Rainbow Creek corridor identified in Schedule L to OPA No. 105 and approving that portion of the Rainbow Creek corridor as modified; and
an Order approving OPA No. 105 in respect of specific lands identified by the City.
3In support of its motion, the City filed an affidavit sworn by Claudia La Rota on May 19, 2021. Ms. La Rota is a land use planner employed by the City. She also gave evidence at the motion hearing. The Tribunal qualified her to provide opinion evidence in the area of land use planning.
4Ms. La Rota stated that the City seeks approval of modifications to Schedule L of OPA No. 105 regarding the Rainbow Creek corridor so that the boundaries of the natural heritage system identified in OPA No. 105 are reconfigured in accordance with the recommendations of the Rainbow Creek Master Environmental Servicing Plan (“MESP”) Addendum, dated May 2019, as endorsed by the City and the Toronto and Region Conservation Authority. She stated that OPA No. 105 was adopted prior to the finalization of the MESP. The relevant portion of the Rainbow Creek corridor runs from the extension of Major Mackenzie Drive north to Mayfield Road. She opined that the proposed modifications are appropriate and consistent with good planning. She stated that they ensure conformity with applicable provincial planning policies and correspond with the natural heritage system boundaries identified in the Rainbow Creek MESP Addendum. She stated that they are consistent with the Provincial Policy Statement, 2020 (“PPS”), conform with A Place to Grow: Growth Plan for the Greater Golden Horseshoe, 2020 (“Growth Plan”), and the Regional Municipality of Peel (“Region”) Official Plan, and have regard to the matters of provincial interest set out in s. 2 of the Planning Act.
5In her affidavit, Ms. La Rota described the lands for which the City seeks to have OPA No. 105 approved. She stated that these lands are outside the scope of the OPA No. 105 appeals, except for the appeal brought by Caveze Investments Limited, which consents to their inclusion. She stated that the approval of OPA No. 105 for these lands will not impact the resolution of environmental assessment processes underway and will not unduly prejudice the rights of any of the Parties respecting matters under appeal. She stated that the approval of OPA No. 105 for these lands is consistent with the PPS, conforms with the Growth Plan and the Region’s Official Plan, and has regard to the matters of provincial interest set out in s. 2 of the Planning Act.
6Based on the uncontradicted evidence of Ms. La Rota, and noting that the motion is on consent of the Parties, including Caveze Investments Limited, the Tribunal finds that the proposed changes to OPA No. 105 are consistent with the PPS, conform with the Growth Plan and the Region’s Official Plan, and have regard for the matters of provincial interest set out in s. 2 of the Planning Act.
Other Procedural Matters
7At the motion hearing, the Tribunal confirmed that a Case Management Conference (“CMC”) will be held in October 2021 to address procedural matters associated with the remaining aspects of the OPA No. 105 appeals.
ORDER
8The Tribunal orders that within the area delineated on Attachment 1 to this Order and Decision and identified as “Area Proposed to be Approved”, the Rainbow Creek corridor shown on Schedule SP47(a) of Official Plan Amendment No. 2006-105 is modified to reflect an updated Rainbow Creek corridor as shown in green within that “Area Proposed to be Approved” on Attachment 1 to this Order and Decision.
9The Tribunal further orders that the portion of Schedule SP47(a) of Official Plan Amendment No. 2006-105 delineated on Attachment 1 to this Order and Decision and identified as “Area Proposed to be Approved” is approved.
10The Tribunal directs that a CMC will be held by video hearing on Monday, October 25, 2021 commencing at 10 a.m.
11Parties 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/318497997
Access Code: 318-497-997
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 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.
15There will be no further notice.
16This Member is not seized.
“Hugh S. Wilkins”
HUGH S. WILKINS
MEMBER
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.
PL141189 – Attachment 1```