Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: October 15, 2025
CASE NO.: OLT-22-002419 (formerly PL200603)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Ashley Heritage Joint Venture & 840966 Ontario Ltd
Subject: Application to amend Zoning By-law No. 270-2004 - neglect of the City of Brampton to make a decision
Description: To permit 232 single detached dwellings, a parkette, a school block, a stormwater management block, open space and environmental buffer blocks, future commercial blocks, and a future condominium block
Reference Number: C05W02.008
Property Address: 8331 Heritage Road
Municipality/UT: Brampton/Peel
OLT Case No: OLT-22-002419
Legacy Case No: PL200603
OLT Lead Case No: OLT-22-002419
Legacy Lead Case No: PL200603
OLT Case Name: Ashley Heritage Joint Venture & 840966 Ontario Ltd v. Brampton (City)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Appellant: Ashley Heritage Joint Venture & 840966 Ontario Ltd
Subject: Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Purpose: To Permit residential and commercial development
Reference Number: 21T-190115B
Property Address: 8331 Heritage Road
Municipality/UT: Brampton/Peel
OLT Case No: OLT-22-002420
Legacy Case No: PL200604
OLT Lead Case No: OLT-22-002419
Legacy Lead Case No: PL200603
BEFORE: S. BRAUN, VICE-CHAIR
Wednesday, the 15th day of October, 2025
THESE MATTERS, having come before the Tribunal as a written rehearing pursuant to the August 25, 2025 Order of the Chair, in accordance with section 23 of the Ontario Land Tribunal Act, 2021 and Rule 25 of the Tribunal’s Rules of Practice and Procedure;
AND THE TRIBUNAL having received materials submitted by Ashley Heritage Joint Venture & 840966 Ontario Ltd. on the consent of the City of Brampton (“City”), including the sworn Affidavit of Joan MacIntyre, Registered Professional Planner (whom the Tribunal herein recognizes as qualified to assist in its deliberations through opinion evidence in land use planning);
AND THE TRIBUNAL having also considered the previously submitted sworn Affidavit evidence of Don Given, Registered Professional Planner (who was qualified to provide land use planning opinion evidence to the Tribunal in the original hearing of these matters), which Ms. MacIntyre adopts in her Affidavit;
AND THE TRIBUNAL independently having considered the evidence of both Ms. MacIntyre and Mr. Given in support of a request for an Order varying the Draft Plan of Subdivision, Draft Plan of Subdivision Conditions and Zoning By-law Amendment previously approved (“previously approved instruments”) in an Order issued on November 30, 2022, by revising the Draft Plan of Subdivision, Draft Plan of Subdivision Conditions and Zoning By-law Amendment (“revised instruments”) on the basis of new evidence that was not available at the time of the original hearing;
AND THE TRIBUNAL Chair having exercised his discretion to grant a rehearing to consider such new evidence, and the Member now being in the position to make an Order revisiting the decision as issued on November 30, 2022;
AND THE TRIBUNAL having received no objection to it granting the totality of the relief requested from the remaining Party to the within proceeding, and having not received a revised written statement (or any communication) from the lone participant in the proceeding by the deadline specified in the disposition letter of the Chair, dated August 25, 2025;
AND THE TRIBUNAL having been satisfied, based upon unforeseen changes in circumstances (as detailed in the uncontested opinion evidence of Ms. MacIntyre, including but not limited to, the City’s decision to increase the extent of the widening of Heritage Road and the change in approach regarding preservation of the James McClure Farmhouse), that revisions to the previously approved instruments in the manner proposed are necessary and represent good planning in the public interest;
AND THE TRIBUNAL having been further satisfied, on the basis of the totality of the evidence before it, that the revised instruments maintain the principle of the development originally proposed and demonstrate appropriate regard for matters of provincial interest in section 2 and applicable criteria in section 51(24) of the Planning Act; are consistent with the Provincial Planning Statement 2024; conform with the in-force Region of Peel 2051 Official Plan and the City of Brampton Official Plan (2006, as amended), the Bram West Secondary Plan and the Riverview Heights Community Block Plan:
Implementing an efficient and appropriate land use, density and compact built form development, contributing to a complete community with appropriate infrastructure to support the proposed residential development;
Protecting rights-of-way for infrastructure and electricity transmission to meet current and projected needs;
Maintaining adequate minimum separation distance from the Maple Lodge Farm fields and not impacting the proposed residential development on the remainder of the Subject Lands (8331 Heritage Road); and
Appropriately recognizing, protecting and conserving cultural and built heritage resources as well as natural heritage features;
AND THE TRIBUNAL having additionally been satisfied that the revised Zoning By-law Amendment contains appropriate development standards to implement the proposed residential, open space, institutional and stormwater management uses to create a complete community;
NOW THEREFORE THE TRIBUNAL ORDERS:
The Zoning By-law Amendment, Draft Plan of Subdivision and Draft Plan of Subdivision Conditions appended hereto as Attachments 1, 2 and 3, respectively, are hereby approved and shall come into force and effect immediately upon issuance of this Order; and
Pursuant to subsection 51(56.1) of the Planning Act, the City of Brampton shall have the authority to clear the conditions of draft plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 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.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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 “1”
THE CORPORATION OF THE CITY OF BRAMPTON
BY-LAW
Number - 2025
To amend Comprehensive Zoning By-law 270-2004:
The Ontario Land Tribunal, in accordance with the provisions of the Planning Act, R.S.O. 1990, c.P.13, hereby order the coming into force of By-law Number - 2025 as follows:
- By changing Schedule A thereto, the zoning designation of the lands as shown outlined on Schedule A to this by-law:
From:
Agricultural (A)
To:
Residential Single Detached F- 11.4- Section 2344 (R1F-11.4-2344)
Residential Single Detached F- 12.2- Section 2345 (R1F-12.2-2345)
Residential Single Detached E- 11.6 - Section 3664 (R1E-11.6-3664)
Residential Single Detached E- 12.5 – Section 3665 (R1E-12.5-3665)
Residential Townhouse C - Section 3666 (R3C-3666)
Institutional One - Section2425 (I1-2425)
Open Space – Section 2426 (OS- 2426)
Floodplain (F)
Future Development (FD)
- By adding thereto the following section:
“3664 The lands designated R1E-11.6 – Section 3664 on Schedule A to this By-law:
3664.1 Shall only be used for the purposes permitted in the R1E – x Zone; 3664.2 Shall be subject to the following requirements and restrictions:
a) Minimum Lot Depth: 29.0 metres;
b) Minimum Lot Area: 336 square metres;
c) Minimum Lot Width:
i. Interior Lot: 11.6 metres
ii. Corner Lot: 13.4 metres
d) Minimum Interior Side Yard Width: 0.6 metres provided the combined total of the interior side yards on an interior lot is not less than 1.8 metres;
e) A balcony or porch with or without a cold cellar, may project into the minimum required front or exterior side yard by a maximum of 1.8 metres provided the balcony or porch, with or without cold cellar is located no closer than 1.2 metres from a daylighting triangle; eaves and cornices may project an additional 0.6 metres into the minimum front or exterior side yard;
f) Bay windows and box-out windows, with or without foundations, may project a maximum of 1.0 metre into the minimum required front, rear and exterior side yard, eaves and cornices may project an additional 0.6 metres into the minimum front or exterior side yard;
g) Garage Control:
i. On lots less than 14 metres in width but greater than or equal to 11.6 metres, the maximum cumulative garage door width for an attached garage shall be 5.5 metres;
ii. On corner lots equal or greater than 14 metres in width, the maximum cumulative garage door width for an attached garage shall not exceed 60 percent of the width of the dwelling; and
iii. On lots equal to or greater than 14 metres in width, the maximum interior garage width shall be 6.1 metres.
iv. On interior lots, minimum interior garage dimensions: 6 metres in length by 3.1 metres.
h) The minimum building setback to a daylighting triangle: 1.2 metres.” “3665 The lands designated R1E-12.5-3665 on Schedule A to this By-law: 3665.1 Shall only be used for the purposes permitted in a R1E – x zone; 3665.2 Shall be subject to the following requirements and restrictions:
a) Minimum Lot Depth: 28.5 metres;
b) Minimum Lot Area: 356 square metres;
c) Minimum Lot Width:
i. Interior Lot: 12.5 metres
ii. Corner Lot: 14.5 metres;
d) Minimum Interior Side Yard Width:
i. Interior Lot: 1.2 metres;
ii Corner Lot: 0.6 metres for a corner lot abutting an interior lot;
e) A balcony or porch with or without a cold cellar, may project into the minimum front yard or exterior side yard by a maximum of 1.8 metres provided the balcony or porch, with or without cold cellar is located no closer than 1.2 metres from a daylighting triangle; eaves and cornices may project an additional 0.6 metres into the minimum front or exterior side yard;
f) Bay windows and box-out windows, with or without foundations, may project a maximum of 1.0 metre into the minimum required front, rear and exterior side yard, eaves and cornices may project an additional 0.6 metres into the minimum front or exterior side yard;
g) Garage Control:
i. On lots less than 14 metres in width but greater than or equal to 12.5 metres, the maximum cumulative garage door width for an attached garage shall be 5.5 metres;
ii. On corner lots, the maximum cumulative garage door width for an attached garage shall not exceed 60 percent of the width of the dwelling; and
iii. On lots equal to or greater than 14 metres in width, the maximum interior garage width shall be 6.1 metres.
h) Minimum interior garage dimensions: 6 metres in length by 3.1 metres
i) The minimum building setback to a daylighting triangle: 1.2 metres.”
“3666 The lands designated R3C-3666 on Schedule A to this By-law:
3666.1 Shall only be used for the purposes permitted in the R3C zone and the following additional uses:
a) Rear lane townhouse dwelling;
b) Back to back townhouse dwelling; and
c) Townhouse dwelling.
3666.2 Rear lane townhouse dwellings shall be subject to the following requirements and restrictions:
a) Minimum Lot Area – 90 square metres per dwelling;
b) Minimum Lot Width – 6.0 metres per dwelling unit;
c) Minimum Yard Setback for A Principal building:
i. The front wall of a dwelling unit: 3.0 metres to a public or private road:
ii. The rear wall of a dwelling unit: 3.0 metres to a private road;
iii. The side wall of a dwelling unit: 2.0 metres to a private or public road; and 1.2 metres to a lot line zoned in the same zoning category;
iv. The garage door opening shall have a minimum setback of 6 metres from a private or public road;
d) A balcony or porch with or without a cold cellar, may project into the minimum front yard, rear yard or exterior side yard by a maximum of 1.8 metres provided the balcony or porch, with or without cold cellar is located no closer than 1.2 metres from a daylight triangle; eaves and cornices may project an additional 0.6 metres into the minimum front or exterior side yard;
e) Maximum Building Height – 12.5 metres;
f) Minimum number of visitor parking spaces – 0.25 spaces per dwelling unit;
g) Section 10.21 of the By-law shall not apply;
h) Section 16.8.2 g) bullet two of the By-law shall not apply.
3666.3 Back to Back townhouse dwellings shall be subject to the following requirements and restrictions:
a) Minimum Lot Area – 90 square metres per dwelling unit
b) Minimum Lot Width – 6.0 metres per dwelling unit;
c) A balcony or porch with or without a cold cellar, may project into the minimum front yard or exterior side yard by a maximum of 1.8 metres provided the balcony or porch, with or without cold cellar is located no closer than 1.2 metres from a daylight triangle; eaves and cornices may project an additional 0.6 metres into the minimum front or exterior side yard;
d) Minimum Yard Setback for A Principal building:
i. The front wall of a dwelling unit: 3.0 metres to a public or private road:
ii. The rear wall of a dwelling unit: 0.0 metres
iii. The side wall of a dwelling unit: 2.0 metres to a private or public road; and 1.2 metres to a lot line zoned in the same zoning category;
iv. The garage door opening shall have a minimum setback of 6 metres from a private or public road;
e) Maximum Building Height – 12.5 metres;
f) Minimum number of visitor parking spaces – 0.25 spaces per dwelling unit;
g) For back to back townhouse dwellings, a maximum of 18 dwelling units may be attached in a contiguous structure, provided the structure is only 9 units wide and 2 units deep;
h) Section 10.21 of the By-law shall not apply;
i) Section 16.8.2 g) bullet two of the By-law shall not apply.
3666.4 Townhouse dwellings shall be subject to the following requirements and restrictions:
a) Minimum Lot Area – 90 square metres per dwelling;
b) Maximum Building Height – 12.5 metres;
c) Section 10.21 of the By-law shall not apply;
d) Minimum Yard Setback for A Principal building:
i. The front wall of a dwelling unit: 3.0 metres to a private road:
ii. The rear wall of a dwelling unit: 7.5 metres;
iii. The side wall of a dwelling unit: 3.0 metres to a public road; 2.4 metres to a lot line not zoned in the same zoning category but 1.2 metres to a lot line zoned in the same zoning category;
iv. The garage door opening shall have a minimum setback of 6 metres from a private or public road;
e) Minimum number of visitor parking spaces – 0.25 spaces per dwelling unit.”
ENACTED and PASSED this [enter date] day of [enter month], 2025.
Patrick Brown, Mayor
Peter Fay, City Clerk
(C05W02.008)