Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 27, 2024
CASE NO(S).:
OLT-22-003292
(Formerly PL170679)
OLT-22-003443
(Formerly PL070797-O070115)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Baljinder and Harjinder Soor
Appellant:
Jascyn Properties Limited
Appellant:
Mario and Maria Fasulo
Appellant:
Eno Investments Limited
Appellant:
Ron Baldesarra
Subject:
Proposed Official Plan Amendment
Description:
To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District
Reference Number:
OP93-284 and OP2006-007
Property Address:
Churchville Conservation District
Municipality/UT:
Brampton/Peel
OLT Case No:
OLT-22-003443
Legacy Case No:
PL070797-O070115
OLT Lead Case No:
OLT-22-003443
Legacy Lead Case No:
PL070797-O070115
OLT Case Name:
Soor v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Appellant:
Baljinder and Harjinder Soor
Appellant:
Jascyn Properties Limited
Appellant:
Mario and Maria Fasulo
Appellant:
Eno Investments Limited
Appellant:
Ron Baldesarra
Subject:
Zoning By-law
Description:
To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage
Conservation District
Reference Number:
243-2007
Property Address:
Churchville Conservation District
Municipality/UT:
Brampton/Peel
OLT Case No:
OLT-22-003447
Legacy Case No:
PL070797-R070203
OLT Lead Case No:
OLT-22-003443
Legacy Lead Case No:
PL070797-O070115
PROCEEDING COMMENCED UNDER subsection 41(4) of the Ontario Heritage Act,
R.S.O. 1990, c. O.21
Appellant:
Baljinder and Harjinder Soor
Appellant:
Jascyn Properties Limited
Appellant:
Mario and Maria Fasulo
Appellant:
Eno Investments Limited
Appellant:
Ron Baldesarra
Subject:
Zoning By-law
Description:
To implement revisions to policies and coordination of the boundaries of the Village of Churchville Conservation District with the Village of Churchville Heritage Conservation District
Reference Number:
242-2007
Property Address:
Churchville Conservation District
Municipality/UT:
Brampton/Peel
OLT Case No:
OLT-22-003445
Legacy Case No:
PL070797-M070081
OLT Lead Case No:
OLT-22-003443
Legacy Lead Case No:
PL070797-O070115
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Jaspreet Kaura et al
Property Owner:
Creditview 4-P Holdings Inc.
Subject:
Request to amend the Official Plan – Failure
to adopt the requested amendment
Existing Designation:
Village Residential
Proposed Designation:
Low and Medium Residential and remove that
portion of the subject lands from the Village of
Churchville Heritage Conservation District
Description:
To permit a residential development
Reference Number:
T04W14.013
Property Address:
7614, 7624, 7650, 7662 Creditview Road
Municipality/UT:
Brampton/Peel
OLT Case No:
OLT-22-003292
Legacy Case No:
PL170679
OLT Lead Case No:
OLT-22-003292
Legacy Lead Case No:
PL170679
OLT Case Name:
Kaura v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Jaspreet Kaura et al
Subject:
Application to amend the Zoning By-law –
Refusal or neglect to make a decision
Existing Zoning:
Residential Hamlet Two (RHm2)
Proposed Zoning:
Residential Single Detached B (R1B)
Description:
To permit a residential development
Reference Number:
T04W14.013
Property Address:
7614, 7624, 7650, 7662 Creditview Road
Municipality/UT:
Brampton/Peel
OLT Case No:
OLT-22-003293
Legacy Case No:
PL170680
OLT Lead Case No:
OLT-22-003292
Legacy Lead Case No:
PL170679
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended
Applicant/Appellant:
Jaspreet Kaura et al
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To permit a residential development
Reference Number:
21T-16019B
Property Address:
7614, 7624, 7650, 7662 Creditview Road
Municipality/UT:
Brampton/Peel
OLT Case No:
OLT-22-003294
Legacy Case No:
PL171194
OLT Lead Case No:
OLT-22-003292
Legacy Lead Case No:
PL170679
Heard:
July 22, 2024, in writing
APPEARANCES:
Parties
Counsel
Creditview 4-P Holdings Inc. (“Creditview”)
Michael Cara
City of Brampton (“City”)
Chris Barnett
Angelo Riccio
Jonathan Frustaglio
DECISION DELIVERED BY S.L. DIONNE AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The matters before the Tribunal include appeals by Creditview 4-P Holdings Inc. (“Creditview”) in respect of the following:
Creditview’s appeals pursuant to s. 17(24) and s. 34(19) of the Planning Act, R.S.O., 1990 C. P.13 (“Plg Act”) and s. 41(4) of the Ontario Heritage Act R.S.O. 1990, c. O.21 (“Heritage Act”) of the designation of the Village of Churchville Heritage Conservation District and the Village of Churchville Heritage Conservation District Plan, as adopted by the City of Brampton (“City”), referred to herein as the “Heritage Appeals” (OLT-22-003443); and,
Creditview’s appeals pursuant to s. 22(7), 34(11), and 51(34) of the Plg Act of its applications for Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision referred to herein as the “Site-specific Appeals” (OLT-22-003292).
2The affected lands are located on the west side of Creditview Road, south of Hallstone Road, and are municipally known as 7614, 7624, 7650, and 7662 Creditview Road in the City of Brampton (“Subject Lands”).
3The Parties have reached a settlement in respect of all issues between them, and the aforementioned Heritage Appeals and Site-specific Appeals come before the Tribunal on consent of all Parties.
4The “Settlement Proposal” – Creditview is seeking the approval of its applications for ZBLA and DPS to facilitate the development of nine single-detached residential lots fronting onto an extension of Edmonton Street as a cul-de-sac on the Subject Lands, four single-detached residential lots fronting onto Creditview Road, a 0.257 hectare (“ha”) public park block, an open space block, and blocks for servicing/dry stormwater management pond/overland flow route. The Subject Lands will be within the Village of Churchville Heritage Conservation District (“HCD”) and the designations and policies of the HCD Plan will apply.
5The Tribunal confirms that it has received, reviewed and considered the following materials:
a. the uncontested opinion evidence of Michael Gagnon, a registered professional land use planner and member of both the Canadian Institute of Planners (“CIP”) and the Ontario Professional Planners Institute (“OPPI”), contained in his comprehensive Affidavit sworn on June 3, 2024 and marked as Exhibit 1;
b. the uncontested opinion evidence of Kasper Koblauch, a heritage planner and member of both the CIP and the OPPI, contained in his comprehensive Affidavit sworn on June 4, 2024 and marked as Exhibit 2.
c. a Draft Zoning By-law Amendment to amend the City’s Comprehensive Zoning By-law 270-2004, as amended, (“ZBLA”) and marked as Exhibit “3” and attached hereto as Attachment 1;
d. a Draft Plan of Subdivision (“DPS”) prepared by Gagnon Walker Domes Ltd., Application No. 21T-16019B, City File No. T04W14.015, dated September 23rd, 2016, and revised August 25th, 2022, marked as Exhibit 4 and attached hereto as Attachment 2; and,
e. conditions of Draft Plan Approval (“DPA Conditions”) marked as Exhibit 5 and attached hereto as Attachment 3.
ANALYSIS AND FINDINGS
Heritage Appeals
6With respect to the Heritage Appeals, it is the opinion evidence of both Messrs. Gagnon and Koblauch that the Subject Lands (and the dwellings located thereon) are not listed on the City of Brampton Heritage Register and are not designated under Part IV of the Heritage Act.
7As set out in Mr. Gagnon’s Affidavit, the land use policies for the HCD as they relate to the Subject Lands remain the subject of appeal by Creditview, namely:
OPA 284 (By-law 241-2007), which implemented revisions to policies, re-designated select lands, and coordinated boundaries of the Churchville Conservation District with the boundaries of the HCD plan;
Zoning By-law 242-2007, which implemented OPA 284 and brought the zoning categories in line with the Official Plan and the Bram West Secondary Plan; and
By-law 243-2007, which amended the HCD Plan to conform to provincial and federal heritage legislation.
8Creditview’s site-specific appeal related to the HCD has remained outstanding pending the filing of planning applications for the Subject Lands.
9The Proposed Settlement represents a global resolution of Creditview’s appeal of the Heritage Appeals and the Site-specific Appeals. As set out in paragraph 41 of Mr. Gagnon’s Affidavit, if approved, the Proposed Settlement will have the effect of bringing the City approved policies for the HCD into force for the Subject Lands, and as a consequence the site-specific OPA approval will no longer be required on account of the Subject Lands remaining within the HCD.
10The Tribunal relies on the opinion evidence of Mr. Gagnon and Mr. Koblauch and in doing so finds that the appeals of Creditview 4-P Holdings Inc. related to OLT-22-003443 (formerly PL070797- O070115) should be dismissed, being the appeals against Official Plan Amendment No. 284, By-law 242-2007, By-law 243-2007, the Village of Churchville Heritage Conservation District Boundary, and the Village of Churchville Heritage Conservation District Plan, all of the City of Brampton.
Site-Specific Appeals
11It is Mr. Koblauch’s opinion evidence that the HCD Plan identifies two parcels, those being 7624 and 7650 Creditview Road, as having buildings of “heritage significance” and that the Heritage Site Strategy and preliminary Conservation Design Approach remains unchanged with the Settlement Proposal, and that the proposed removal of the building on 7650 Creditview Road is appropriate and will be mitigated through design strategies in order that new construction will be sympathetic to the surrounding character and built form, and, that a new addition to the building on 7624 Creditview Road, when designed in accordance with the HCD guidelines, will ensure continued protection of the property’s character defining elements.
12The Tribunal accepts the opinion evidence of Mr. Koblauch as presented in his Affidavit and similarly finds that the Settlement Proposal:
a) is in keeping with the character of the HCD;
b) is consistent with the standards set out in the Standards and Guidelines for the Conservation of Historic Places in Canada;
c) is consistent with the policy direction of Policy 2.6.1 of the Provincial Policy Statement 2020 (“PPS”);
d) conforms with the policy direction in Policy 4.2.7.1 of A Place to Grow: Growth Plan for the Greater Golden Horseshoe, as amended (2020) (“Growth Plan”);
e) conforms with the direction of the Heritage Conservation District polices in the City of Brampton Official Plan, as amended;
f) conforms with the Heritage Conservation District policies of the Bram West 40 Secondary Plan;
g) meets the objectives of the HCD Plan in that it represents appropriate and sensitive intensification on the Subject Lands while conserving the cultural heritage value of the HCD; and,
h) represents good heritage planning.
13It is Mr. Gagnon’s evidence that he has reviewed Mr. Koblauch’s Affidavit and that he adopts the heritage planning opinions of Mr. Koblauch as set out therein.
14Further, it is Mr. Gagnon’s opinion evidence that the Settlement Proposal represents good land use planning and has regard to those applicable matters of Provincial interest set out in s. 2 of the Plg Act, is consistent with the PPS, conforms to the Growth Plan, Region of Peel Official Plan, City of Brampton Official Plan, Bram West Secondary Plan, and with the HCD Plan. Additionally, it is his opinion evidence that the Settlement Proposal, more particularly the DPS, satisfies the requirements of s. 2 and 51(24) of the Plg Act.
15The Tribunal accepts the opinion evidence of Mr. Gagnon as presented in his Affidavit and similarly finds that the Settlement Proposal, and the planning instruments found in Exhibits 3, 4, and 5, meet the statutory tests under the Plg Act. The Tribunal agrees that an amendment to the City of Brampton Official Plan is not required. The Tribunal also finds that the DPS in accordance with the plan attached as Attachment 2 hereto should be approved, subject to the DPA Conditions attached as Attachment 3.
16Accordingly, the Tribunal allows the appeals under s. 34(11) and 51(24) of the Plg Act and grants the requested approvals, as set out in the details of the Order below.
17The Tribunal also grants the request that the City be granted approval authority to clear the DPA Conditions and to administer final approval of the DPS for the purposes of ss.51(58) of the Plg Act.
ORDER
Heritage Appeals
18THE TRIBUNAL ORDERS THAT the owner’s appeals filed pursuant to s. 17(24) and s. 34(19) of the Planning Act, R.S.O., 1990, c. P.13 and s. 41(4) of the Ontario Heritage Act, R.S.O. 1990, c. O.21 related to OLT-22-003443 (formerly PL070797) in respect to the designation of the Village of Churchville Heritage Conservation District and the Village of Churchville Heritage Conservation District Plan are dismissed.
Site-Specific Appeals
19THE TRIBUNAL ORDERS THAT the appeal filed pursuant to Section 34(11) of the Planning Act, R.S.O. 1990, c.P.13, as amended, related to OLT-22-003293 (formerly PL170680) is allowed in part, and that By-law No. 270-2004 is hereby amended in the manner set out in Attachment 1 to this Order. The Tribunal authorizes the Municipal clerk to assign a number to this by-law for record-keeping purposes.
20THE TRIBUNAL FURTHER ORDERS THAT the appeal filed pursuant to section 51(34) of the Planning Act, R.S.O., 1990, c. P.13, as amended, related to OLT-22-003294 (formerly PL171194) is allowed, and the draft plan shown on the plan prepared by Gagnon Walker Domes Ltd. dated, September 23rd, 2016, and revised August 25th, 2022, as set out in Attachment 2, is approved subject to the fulfillment of the conditions set out in Attachment 3 to this Order.
21THE TRIBUNAL FURTHER ORDERS THAT pursuant to s. 51(56.1) of the Planning Act, R.S.O., 1990, as amended, the City of Brampton shall have the authority to clear the conditions of draft plan approval and to administer final plan approval of the plan of subdivision for the purposes of s. 51(58) of the Act. In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.
22AND THE TRIBUNAL FURTHER ORDERS THAT the appeal filed pursuant to s.22(7) of the Planning Act, R.S.O., 1990, as amended, related to OLT-22-003292 (formerly PL170679) is dismissed and the requested amendment to the Official Plan for the City of Brampton is refused.
23The Tribunal may be spoken to should any issues arise in connection with the implementation of this Order.
“S. L. Dionne”
S. L. DIONNE
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.