Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
December 16, 2024
CASE NO(S).:
OLT-24-000167
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
245 Oakland Con 1 Inc.
Subject:
Application to amend the Zoning By-law – Refusal of application
Description:
To permit the development of 37 estate homes
Reference Number:
ZBA5-23-DN
Property Address:
245 Oakland Road
Municipality/UT:
Brant/Brant
OLT Case No:
OLT-24-000167
OLT Lead Case No:
OLT-24-000167
OLT Case Name:
245 Oakland Con 1 Inc. vs Brant (County)
PROCEEDING COMMENCED UNDER section 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Proposed Plan of Subdivision - Refusal by Approval Authority
Description:
To permit the development of 37 estate homes
Reference Number:
PS1-23-DN
Property Address:
245 Oakland Road
Municipality/UT:
Brant/Brant
OLT Case No:
OLT-24-000168
OLT Case Name:
245 Oakland Con 1 Inc. vs Brant (County)
Heard:
October 21, 2024 by Video Hearing
APPEARANCES:
Parties
Counsel
245 Oakland Con 1 Inc.
Andrew Biggart
County of Brant
Rochelle Welchman
MEMORANDUM OF ORAL DECISION DELIVERED BY Carmine tucci ON October 21, 2024 AND ORDER OF THE TRIBUNAL
1This matter before the Tribunal was with respect to the appeals of the refusal by the County of Brandt (“County”) regarding applications to amend the Zoning By-law and a Draft Plan of Subdivision (“DPS”).
The Application
2On February 22, 2023, the County received an application for a Zoning Amendment and DPS to facilitate the development of 37 estate homes on the subject property. The Application was deemed complete on November 2, 2023.
Zoning By-law Amendment
3The purpose of the Zoning By-law Amendment (“ZBA”) is to rezone the subject lands from:
‘Agricultural (A)’ and ‘Natural Heritage (NH)’ to the ‘Suburban Residential (SR)’, ‘Natural Heritage (NH)’ and ‘Open Space (OS1)’ zones to facilitate residential lot creation on the subject lands fronting Oakland Road within the Secondary Settlement Area Boundary of Scotland.
Draft Plan Subdivision
4The Tribunal heard, “The Draft Plan of Subdivision Application proposes to facilitate development consisting of 37 estate homes on private water and sewage services and municipal streets, a storm water management block, public park block and two environmental protection blocks.”.
Site and Surrounding Areas
5The Tribunal was informed that:
The subject lands are located east of the built-up village area, along the south side of Oakland Road within the Secondary Settlement Area of Scotland, County of Brant. The lands currently have a total area of approximately 27.18 hectares, and approximately 90 metres of frontage along Oakland Road and approximately 270 metres of frontage along Highway 24.
6The Tribunal was made aware that:
The subject lands largely consist of an agricultural field with a single-detached dwelling, shed, and manicured lawn in the northwest corner of the property, with driveway access onto Oakland Rd. The lands contain woodland and vegetation, a Provincially Significant Wetland (Lower Oakland Swamp), and McKenzie Creek, located on the north, east and south extents of the site.
7This first Case Management Conference (“CMC”) was convened on October 21, 2024, to receive status updates from all parties to organize the hearing of these appeals.
8An Affidavit of Service sworn by Sylvia Zdanowski, was marked as Exhibit 1.
9The Tribunal was informed that the Parties are evaluating through Tribunal led mediation, an opportunity to reach a settlement of these Appeals.
10The Tribunal heard that the Parties are seeking a fifteen-day hearing.
11The Tribunal scheduled a hearing of these appeals commencing on Monday June 2, 2025. Fifteen days have been set aside.
12The hearing is scheduled to proceed by video on Monday, June 2, 2025 at 10 a.m.
13Parties and/or Participants and/or Observers are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/927921077
Access code: 927-921-077
14Parties and/or 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
15Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: +1 (647) 497-9373 or (Toll-Free) 1-888-299-1889. The access code is: 927-921-077.
16Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
ORDER
17THE TRIBUNAL ORDERS THAT the Parties provide a Procedural Order by no later than December 31, 2024 in agreed form and content, or failing such agreement a draft that clearly delineates all areas of disagreement.
“Carmine Tucci”
CARMINE TUCCI
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.