ISSUE DATE: February 2, 2024

CASE NO.: OLT-21-001473

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Sifton Properties Limited

Subject: Application to amend Zoning By-law No. 61-16 - Refusal or neglect of County of Brant to make a decision

Existing Zoning: Agriculture (A)

Proposed Zoning: Site Specific (To be determined)

Purpose: To permit a residential subdivision with neighbourhood commercial uses

Property Address/Description: 305 King Edward Street

Municipality: County of Brant

Municipality File No.: ZBA 10-20-MD

OLT Case No.: OLT-21-001473

OLT Lead Case No.: OLT-21-001473

OLT Case Name: Sifton Properties Limited v. Brant (County)

PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Sifton Properties Limited

Subject: Proposed Plan of Subdivision - Failure of County of Brant to make a decision

Purpose: To permit a residential subdivision with neighbourhood commercial uses

Property Address/Description: 305 King Edward Street

Municipality: County of Brant

Municipality File No.: PS1-20-MD

OLT Case No.: OLT-21-001474

OLT Lead Case No.: OLT-21-001473

BEFORE:

T.F. NG MEMBER

Friday, the 2nd day of February, 2024

THESE MATTERS in respect of the lands at 305 King Edward Street in the County of Brant, having come for a public hearing on September 25, 2023 before the Ontario Land Tribunal (the "Tribunal") in its Order issued on November 30, 2023 having determined that the Zoning and Draft Plan of Subdivision Appeals under subsections 34(11) and 51(34) of the Planning Act should be allowed, in part, and that the proposed Draft Plan of Subdivision be approved and the zoning by-law amendment be approved save and except that the Tribunal’s final Order with respect to the zoning by-law amendment as it relates to Block 24 only be withheld pending the Tribunal being advised by the County of Brant and the Applicant and Appellant that the condition contained in paragraph 95, subsection 6(a) of its November 30th Order with respect to Block 24 have been satisfied;

AND THE TRIBUNAL having been advised by the County of Brant and the Applicant and Appellant that the condition contained in paragraph 95, subsection 6(a) of its November 30th Order with respect to Block 24 has been satisfied and therefore issued its final Order on January 16, 2024;

AND THE TRIBUNAL having, on consent of the parties, received a request to amend the issued final Order replacing the Zoning By-law;

NOW THEREFORE

THE TRIBUNAL ORDERS that the final Order issued on January 16, 2024 is hereby rescinded;

AND THE TRIBUNAL ORDERS that Zoning By-law No. 61-16 of the County of Brant, as amended, is hereby amended, as it relates to Block 24, in the manner set out in Attachment “1” to this Order, which Attachment also reflects the Tribunal’s approval of the balance of the Zoning By-law Amendment as set out in its November 30, 2023 Order. The Tribunal authorizes the municipal clerk to assign a number to this by-law for record keeping purposes.

“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.

ATTACHMENT 1