Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: September 26, 2024
CASE NO.: OLT-23-000521
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Sifton Properties Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: OP-04-18
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No: OLT-23-000521
OLT Lead Case No: OLT-23-000521
OLT Case Name: Sifton Properties Ltd. v. Brantford (City)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Sifton Properties Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: PZ-15-18
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No: OLT-23-000522
OLT Lead Case No: OLT-23-000521
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant: Sifton Properties Limited
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description: To permit a residential development consisting of single detached units and townhouses
Reference Number: 29CD-18503
Property Address: 277, 299 and 301 Hardy Road
Municipality/UT: Brantford/Brant
OLT Case No: OLT-23-000523
OLT Lead Case No: OLT-23-000521
BEFORE:
DAVID BROWN MEMBER
Thursday, the 26th day of September, 2024
THESE MATTERS having come before the Tribunal, and the Tribunal in its decision issued on August 27, 2024, having allowed the appeals pursuant to subsections 22(7) of the Planning Act, [OLT Case No.: OLT-23-000521] and 51(34) of the Planning Act, [OLT Case No.: OLT-23-000523];
AND THE TRIBUNAL having withheld its final order regarding the appeal pursuant to subsection 34(11) of the Planning Act, [OLT Case No. OLT-23-000522], pending confirmation from the City Solicitor that the Council of the City of Brantford has rendered a decision supporting the designation of the Subject Lands as a Class 4 Noise Area under the Provincial Noise Guidelines (Publication NPC-300), and pending the receipt and approval of the Zoning By-Law Amendment in its final form to replace the interim approved Amendment contained in Attachment “2” to the Decision;
AND THE TRIBUNAL having received confirmation from the City Solicitor that the Council of the City of Brantford has rendered a decision supporting the designation of the Subject Lands as a Class 4 Noise Area under the Provincial Noise Guidelines (Publication NPC-300), along with the submission of the final form of the Zoning By-law Amendment;
THE TRIBUNAL ORDERS that the Appeal filed pursuant to subsection 34(11) of the Planning Act, [OLT Case No. OLT-23-000522] is allowed in part, and that the Zoning By-law Amendment, as set out in Attachment “A” to this Order, is approved.
In all other respects the Decision Issued on August 27, 2024, remains as issued. The Tribunal confirms that the appeal filed pursuant to subsection 34(11) of the Planning Act, [OLT Case No. OLT-23-000522] regarding the issues surrounding the proposed density of the block located at the north-east corner of the Subject Lands, referred to as the Northeast Medium Density Block, remains open, and the Tribunal’s Case No. OLT-23-000522 remains open and scheduled for a Case Management Conference on June 2, 2025.
“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.
Attachment “A”