Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 15, 2022
CASE NO(S).: OLT-22-004205
PROCEEDING COMMENCED UNDER section 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Georgian Mayfield Inc. Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back Reference Number: OZS-2019-0014 Property Address: 6875 & 6889 Mayfair Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-004205 OLT Lead Case No: OLT-22-004205 OLT Case Name: Georgian Mayfield Inc. v. Brampton (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Georgian Mayfield Inc. Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision Description: To permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back Reference Number: OZS-2019-0014 Property Address: 6875 & 6889 Mayfair Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-004206 OLT Lead Case No: OLT-22-004205
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Georgian Mayfield Inc. Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision Description: To permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back Reference Number: OZS-2019-0014 Property Address: 6875 & 6889 Mayfair Road Municipality/UT: Brampton/Peel OLT Case No: OLT-22-004207 OLT Lead Case No: OLT-22-004205
Heard: October 19, 2022 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Georgian Mayfield Inc. | Patrick Harrington |
| City of Brampton | Anthony-George D’Andrea |
MEMORANDUM OF ORAL DECISION DELIVERED BY S. BOBKA ON OCTOBER 19, 2022 AND ORDER OF THE TRIBUNAL
1This was the first Case Management Conference (“CMC”) regarding appeals pursuant to s. 22(7), 34(11) and 51(34) of the Planning Act (“Act”) by Georgian Mayfield Inc. (“Appellant”) against the City of Brampton (“City”) for failure to make decisions within the statutory timeframes on applications for an Official Plan Amendment (“OPA”), Zoning By-law Amendment (“ZBA”) and Draft Plan of Subdivision (“Draft Plan”) for the properties municipally known as 6875 and 6889 Mayfair Road (“Subject Lands”) in Brampton.
2The OPA, ZBA and Draft Plan are required to permit a residential development with a mix of single-detached dwellings and townhouse dwellings, including back-to-back townhouse dwellings. In total, 107 units are proposed, 84 three-storey back-to-back townhouses, serviced by an underground garage, 15 three-storey rear land townhouses and 8 two-storey single detached homes.
3The Tribunal confirmed that proper Notice was given and marked the Affidavit of Service as Exhibit 1.
MEDIATION AND SETTLEMENT
4The Tribunal inquired as to any opportunities for settlement, including the use of Tribunal-led mediation. Mr. Harrington indicated that the Appellant was open to mediation should the City wish to pursue it. Mr. D’Andrea advised that he had not yet received instructions from Council regarding mediation and settlement.
SECOND CMC
5The Parties jointly requested a second CMC. Due to the municipal election, Mr. D’Andrea had not yet received instructions from Council; however, he indicated that he would have instructions and be prepared to proceed by late January 2023. The Tribunal scheduled a second CMC which will commence at 10 a.m. on Tuesday, January 24, 2023 by Video Hearing.
6Parties 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://meet.goto.com/519389173
Access code: 519-389-173
7Parties 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
8Persons 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: (647) 497-9373. The access code is 519-389-173.
9Individuals 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.
PROCEDURAL ORDER/ISSUES LIST
10The Appellant and the City agreed that a draft Procedural Order (“PO”) including Issues List (“IL”) would be completed in advance of the second CMC. The Tribunal directed the Parties to complete and submit the draft PO and IL to the Case Coordinator on or before Tuesday, January 17, 2023.
OTHER MATTERS
11The Tribunal inquired as to whether there were any other matters to be addressed which might assist in the fair and efficient resolution of this matter. The Parties indicated there were none.
ORDER
12THE TRIBUNAL ORDERS that:
a. A second CMC will begin at 10 a.m. on Tuesday, January 24, 2023 by Video Hearing;
b. The Parties will submit a draft Procedural Order including Issues List for the Tribunal’s review on or before Tuesday, January 17, 2023; and
13There will be no further notice and the Member is not seized.
“S. Bobka”
S. BOBKA MEMBER
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.