Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: May 17, 2024
CASE NO.: OLT-24-000194
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fieldgate Developments
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the proposed subdivision and to update various zoning regulations to conform with the City's Official Plan
Reference Number: C03W02.007
Property Address: North of Steeles Avenue West and East of Churchville Road
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-24-000194
Legacy Case No.: PL171032
OLT Lead Case No.: OLT-24-000194
Legacy Lead Case No.: PL171032
OLT Case Name: Fieldgate Developments v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fieldgate Developments
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit the proposed subdivision and to update various zoning regulations to conform with the City's Official Plan
Reference Number: 21T-13002B
Property Address: North of Steeles Avenue West and East of Churchville Road
Municipality/UT: Brampton/Peel
OLT Case No.: OLT-24-000195
Legacy Case No.: PL171033
OLT Lead Case No.: OLT-24-000194
Legacy Lead Case No.: PL171032
BEFORE:
M.A. SILLS VICE-CHAIR
Friday, the 17th day of May, 2024
THESE MATTERS having come before the Tribunal for a motion in writing seeking to vary Schedules “A”, “B” and “C” attached to the Order of Vice-Chair M.A. Sills as issued on November 10, 2021 in LPAT Legacy Case No. PL171032 (now OLT-24-000194);
AND THE TRIBUNAL having received and considered the materials filed, including the Affidavit of Colin Chung, MCIP, RPP, and the exhibits attached thereto,
AND THE TRIBUNAL having accepted the uncontested expert opinion evidence of Colin Chung, MCIP, RPP, whom the Tribunal accepts as a qualified expert in the field of land use planning, and subject to the terms of this Order, finds that the proposed revisions to the originally-approved Schedules have regard to those applicable matters of provincial interest found in section 2 of the Planning Act, are consistent with the 2020 Provincial Policy Statement, conform with the 2020 Growth Plan for the Greater Golden Horseshoe, conform with the Peel Region Official Plan, conform with and implement the City of Brampton Official Plan, including the Bram West Secondary Plan, reflect the principles of good land use planning and are in the public interest;
AND THE TRIBUNAL having been satisfied that the requested revisions to the originally- approved Schedules are appropriate to approve through the Review Request as filed, given that a convincing and compelling case exists that the circumstances of the lands at issue have materially changed since the date of the original Order and that the remaining Parties to the proceeding (being the Applicant and the City of Brampton) have collaboratively determined that the requested revisions now represent a more appropriate form of development for the lands;
AND THE TRIBUNAL having been satisfied that interested members of the public, including the lone Participant to the original proceeding, have been notified of the requested revisions to the originally-approved Schedules;
THE TRIBUNAL ORDERS THAT:
The Review Request is granted.
Schedules “A” (Zoning By-law Amendment), “B” (Draft Plan of Subdivision) and “C” (Draft Plan of Subdivision Conditions) as attached to the Order of Vice-Chair M.A. Sills issued on November 10, 2021 in OMB Legacy Case No. PL171032, are hereby varied and replaced with the following revised Schedules:
a. Schedule “A1” – Revised Zoning By-law Amendment.
b. Schedule “B1” – Revised Draft Plan of Subdivision.
c. Schedule “C1” – Revised Draft Plan of Subdivision Conditions.
- The Tribunal authorizes the Brampton City Clerk to format Schedules “A1”, “B1” and “C1” (including the assignment of titles, paragraphs and/or section numbers) as needed to implement this Order.
The Tribunal may be spoken to concerning issues arising from the implementation of this Order.
“Euken Lui”
EUKEN LUI ACTING REGISTRAR
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.
SCHEDULE A1
SCHEDULE B1
SCHEDULE C1