Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 16, 2024
CASE NO(S).: OLT-23-001297 OLT-23-001300 OLT-24-000523
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Diamond Developments Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit nine detached dwellings along a common element condominium road Reference Number: OZ OPA 22-1 W7 Property Address: 900 Mississauga Heights Drive Municipality/UT: Mississauga OLT Case No.: OLT-23-001297 OLT Case Name: Diamond Developments v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Diamond Developments Subject: Request to amend the Zoning By-law – Failure to adopt the requested amendment Description: To permit nine detached dwellings along a common element condominium road Reference Number: OZ OPA 22-1 W7 Property Address: 900 Mississauga Heights Drive Municipality/UT: Mississauga OLT Case No.: OLT-23-001298 OLT Lead Case No.: OLT-23-001297 OLT Case Name: Diamond Developments v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mario and Maria Polla Subject: Request to amend the Zoning By-law – Failure to adopt the requested amendment Description: To permit nine detached dwellings along a “common element condominium road Reference Number: OZ 21-013 W7 Property Address: 904 Mississauga Heights Drive Municipality/UT: Mississauga OLT Case No.: OLT-23-001300 OLT Lead Case No.: OLT-23-001300 OLT Case Name: Mario and Maria Polla v. Mississauga (City)
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Mario and Maria Polla Subject: Request to amend the Official Plan – Failure to adopt the requested amendment Description: To permit nine detached dwellings along a common element condominium road Reference Number: OPA 24-1 W7 Property Address: 904 Mississauga Heights Drive Municipality/UT: Mississauga OLT Case No.: OLT-24-000523 OLT Lead Case No.: OLT-24-000523 OLT Case Name: Mario and Maria Polla v. Mississauga (City)
Heard: August 7, 2024 by Video Hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Diamond Developments (“Appellant”) | Roslyn Houser Max Laskin (in absentia) |
| Mario and Maria Polla (“Appellant”) | Roslyn Houser Max Laskin (in absentia) |
| City of Mississauga (“City”) | Katie Pfaff Baiqing Luo |
| Yousif Al-Ali | Leo Longo |
MEMORANDUM OF ORAL DECISION DELIVERED BY F. LAVOIE ON AUGUST 7, 2024 AND ORDER OF THE TRIBUNAL
INTRODUCTION
1This Decision and Order arise from the second Case Management Conference (“CMC”) held regarding appeals filed by Diamond Developments, Mario Polla, and Maria Polla, pursuant to s. 22(7) and s. 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended in respect of the City of Mississauga’s refusal of its application for a Zoning By-law Amendment and Official Plan Amendment (“OPA”), to permit the redevelopment of the properties Municipally known as 900 and 904 Mississauga Heights Drive (“Subject Lands”).
CONSOLIDATION OF APPEALS
2Following the first CMC, Mario and Maria Polla filed an OPA appeal (“New Appeal”) for the property municipally known as 904 Mississauga Heights Drive.
3For that New Appeal, the Tribunal was in receipt of an Affidavit of Service sworn by Renata Ribeiro on July 11, 2024, which was marked as Exhibit 1. There were no issues with the service of notice for the CMC, and as such, no further notice is required.
4The Parties jointly submitted an amended Procedural Order, which reflected the addition of the New Appeal. The Tribunal approves the Procedural Order at Attachment 1.
5As the Parties previously requested the Appeals be heard together, the Tribunal inquired with the Parties whether the Appeals should be consolidated. The Parties consented to the consolidation of the New Appeal with the remaining Appeals.
ORDER
6THE TRIBUNAL ORDERS the following:
a. OLT-24-000523 is consolidated with OLT-23-001297, OLT-23-001298, and OLT-23-001300.
b. The directions in this Decision.
7The Member is not seized, however, will remain available for case management, subject to the Tribunal’s calendar.
“F. Lavoie”
F. LAVOIE
MEMBER
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.