Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: July 22, 2024
CASE NO.: OLT-22-004717
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Frontenac Forest Estates Inc.
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Frontenac Forest Estates Inc. v. Halton (Region)
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Milton P4 Trafalgar Landowners Group Inc.
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Milton P4 Trafalgar Landowners Group Inc. v. Halton (Region)
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant: Frank Varga and the Varga Family Farm Partnership
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Frank Varga and the Varga Family Farm Partnership v. Halton (Region)
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Manaman Developments (8th Line) Inc.
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Manaman Developments (8th Line) Inc. v. Halton (Region)
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: 2076828 Ontario Limited et al
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: 2076828 Ontario Limited et al. v. Halton (Region)
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Hannover Trafalgar Farms Limited et al.
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Hannover Trafalgar Farms Limited et al. v. Halton (Region)
PROCEEDING COMMENCED UNDER section 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant: Remington Trafalgar Inc.
Subject: Official Plan Amendment
Description: To implement policy directions for the Trafalgar Secondary Plan through OPA (OPA 54)
Property Address: Lands within the Trafalgar Secondary Plan area
Municipality/UT: Milton/Halton
Municipal File No.: OPA No. 54
OLT Case No.: OLT-22-004717
OLT Lead Case No.: OLT-22-004717
OLT Case Name: Remington Trafalgar Inc. v. Halton (Region)
BEFORE:
S. BOBKA MEMBER
Friday, the 31st day of May, 2024
THESE MATTERS having come before the Tribunal by way of written settlement motion on consent of the Parties to these proceedings;
THE TRIBUNAL having received the Settlement Motion Record of the Town of Milton (the “Town”) related to the approval of the remaining policies in Official Plan Amendment No. 54 (“OPA 54” or the “Secondary Plan”) including, but not limited to, the:
i. Notice of Motion, dated May 15, 2024;
ii. Affidavit of Jill Hogan, a Registered Professional Planner and full member of the Canadian Institute of Planners, sworn May 15, 2024;
iii. attached Exhibits to the sworn Affidavit of Jill Hogan;
iv. letter from the Regional Municipality of Halton regarding approval of the settlement, dated May 15, 2024; and
v. letter from the Town regarding approval of the settlement, dated May 15, 2024
AND THE TRIBUNAL having qualified Ms. Hogan to provide opinion evidence in land use planning, and having reviewed and accepted her uncontradicted Affidavit evidence pertaining to the approval of the remaining policies in OPA 54 (“remaining policies”) as agreed upon by the Parties makes the following determinations:
i. The remaining policies largely address matters related to the Natural Heritage System, as well as policies related to tertiary planning requirements and the ongoing roles of the Region throughout these processes; and
ii. Approval of the remaining policies will:
- promote orderly, timely and efficient development of the lands within the Secondary Plan area;
- provide certainty and clarity to landowners and planning authorities;
- promote the development of complete communities that are compact, transit-supportive and make efficient use of infrastructure; and
- protect natural areas through an integrated Natural Heritage System which will preserve and enhance the Town’s biological diversity and ecological functions.
AND THE TRIBUNAL finds that the remaining policies, and by extension, the policies of OPA 54 in total, have regard for the matters of Provincial interest listed in s. 2 of the Planning Act, are consistent with the Provincial Policy Statement, 2020, conform to or do not conflict with A Place to Grow: Growth Plan for the Greater Golden Horseshoe 2019 (as amended in 2020), conform with the Halton Region Official Plan, represent good planning and are in the public interest.
THE TRIBUNAL ORDERS that the appeals of OPA 54 are allowed, in part;
AND THE TRIBUNAL ORDERS that in accordance with section 17(50) of the Planning Act, R.S.O. 1990, c. P. 13, as amended, the Modified Policies and Schedules of OPA 54, listed in Schedule “A” to this Order are approved and in force as of the date of this Order;
AND THE TRIBUNAL ORDERS that the entirety of OPA 54 as set out in Schedule “B” to this Order is now in force and effect.
AND THE TRIBUNAL ORDERS that it 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 “A”
SCHEDULE “B”