Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 30, 2022
CASE NO(S).: OLT-22-002419 (Formerly PL200603)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
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
Description: 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
Reference Number: C05W02.008
Property Address: 8331 Heritage Road
Municipality/UT: Brampton/Peel
OLT Case No: OLT-22-002419
Legacy Case No: PL200603
OLT Lead Case No: OLT-22-002419
Legacy Lead Case No: PL200603
OLT Case Name: Ashley Heritage Joint Venture & 840966 Ontario Ltd v. Brampton (City)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Ashley Heritage Joint Venture & 840966 Ontario Ltd
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Purpose: To Permit residential and commercial development
Reference Number: 21T-190115B
Property Address: 8331 Heritage Road
Municipality/UT: Brampton/Peel
OLT Case No: OLT-22-002420
Legacy Case No: PL200604
OLT Lead Case No: OLT-22-002419
Legacy Lead Case No: PL200603
Heard: November 7, 2022 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Ashley Heritage Joint Venture & 840966 Ontario Limited | J. Pitman Patterson and Lee English |
| City of Brampton | David Sunday and Jonathan Minnes |
| Maple Lodge Farms | Joel Farber and Matthew Rutledge |
MEMORANDUM OF ORAL DECISION DELIVERED S. BRAUN ON NOVEMBER 7, 2022 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1The following decision and Order arises out of the settlement of appeals pursuant to s. 34(11) and 51(34) of the Planning Act1 (“Act’) by Ashley Heritage Joint Venture & 840966 Ontario Limited (“Appellant”/”Applicant”) against the failure of the City of Brampton (“City”) to make decisions within the legislated timeframe on applications to amend Zoning By-law No. 270-2004 and a proposed Plan of Subdivision (“the Applications”) for the property located at 8331 Heritage Road, Block 40-3 (“subject lands”/”site”). The subject lands belong to the larger Riverview Heights Community, which is bounded by Steeles Avenue to the south, the Credit River to the north, Mississauga Road to the East and Heritage Road to the west. The Applications seek the necessary permissions to complete the planned development of the Riverview Heights Community with a variety of uses (including residential, institutional, and future commercial) and to extend