Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 23, 2023 CASE NO(s).: OLT-22-004754
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Bradford Capital Holdings Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To facilitate the development of two single detached dwellings and fifteen townhouse dwellings
Reference Number: D14 -19 -16
Property Address: Block 403 & 402 on Plan 51M - 1063
Municipality/UT: Town of Bradford West Gwillimbury/County of Simcoe
OLT Case No: OLT-22-004754
OLT Lead Case No: OLT-22-004754
OLT Case Name: Bradford Capital Holdings Inc. v. Bradford West Gwillimbury (Town)
BEFORE:
ERIC CROWE ) Wednesday, the 23rd DAY OF MEMBER ) Novmeber, 2023
THIS APPEAL made by Bradford Capital Holdings Inc. (the “Appellant”), having come before the Ontario Land Tribunal (the “Tribunal”) for a public hearing on June 1, 2023;
AND THE TRIBUNAL having received the Affidavit of land use planner Timothy Schilling sworn May 18, 2023 in support of a settlement between the Appellant and the Town of Bradford West Gwillimbury (the “Town”), and having heard the evidence of Mr. Schilling in support of the settlement at the hearing on June 1, 2023;
AND THE TRIBUNAL in its decision issued on June 6, 2023, having allowed the Appellant’s appeal in part and approved in principle the Zoning By-law Amendment attached to the decision as Attachment "A”;
AND THE TRIBUNAL in its decision issued on June 6, 2023, having ordered that its final Order will issue only once the Tribunal is advised that the Block 404 Zoning Amendment Application has been deemed complete by the Town;
AND THE TRIBUNAL having been advised by counsel for the Appellant, with the concurrence of counsel for the Town, that the Block 404 Zoning Amendment Application has been deemed complete by the Town;
THE TRIBUNAL ORDERS the Appellant’s appeal is allowed in part, and the Zoning By-law Amendment instrument is approved in the form attached as Attachment "A” (Zoning By-law Amendment) to this Order; and
AND THE TRIBUNAL FURTHER ORDERS that it may be spoken to in the event any matter or matters should arise in the connection with the implementation of this Order.
SECRETARY
ATTACHMENT “A”
ZONING BY-LAW AMENDMENT
The Corporation of the Town of Bradford West Gwillimbury
BY-LAW 2023-77
A By-law to amend Zoning By-law 2010-050, as amended, to re-zone Block 403 on Registered Plan 51M-1063, Town of Bradford West Gwillimbury, County of Simcoe.
WHEREAS By-law 2010-050, as amended is the main comprehensive Zoning By-law of the Town of Bradford West Gwillimbury;
AND WHEREAS By-law 2010-050, as amended zones Block 403 on Registered Plan 51M-1063 as Neighbourhood Commercial “C2”;
AND WHEREAS the Ontario Land Tribunal deems it appropriate to amend Zoning By-law 2010-050, as amended, for those lands identified as Block 403 on Registered Plan 51M-1063;
AND WHEREAS authority is granted under Section 34 of the Planning Act, R.S.O. 1990, c. P. 13;
NOW THEREFORE the Ontario Land Tribunal enacts as follows:
All provisions of By-law 2010-050, as amended, shall apply to the lands described as Block 403 on Registered Plan 51M-1063, Town of Bradford West Gwillimbury, County of Simcoe as shown on Schedule "A" attached hereto.
By-law 2010-050, as amended, is hereby further amended by rezoning the lands described as Block 403 on Registered Plan 51M-1063 from the ‘C2 – Neighbourhood Commercial’ Zone to the ‘R2-2*5 – Residential Two’ Zone as shown on Schedule "A" attached hereto and forming part of this By-law.
This By-law shall come into force and take effect on the date it is finally approved by the Ontario Land Tribunal through issuance of its written Final Order in Case No. OLT-22-004754.
Enacted this ___ day of ________________, 2023.

