Ontario Land Tribunal
ISSUE DATE: October 23rd, 2025
CASE NO.: OLT-25-000257
PROCEEDING COMMENCED UNDER subsection 53(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Ryan Matthiesen
Subject: Consent
Description: To develop severed parcel with a new detached dwelling
Reference Number: B67.24
Property Address: 1520 Pinetree Crescent
Municipality/UT: Mississauga/Peel Region
OLT Case No.: OLT-25-000257
OLT Case Name: Matthiesen v. Mississauga (City)
BEFORE:
P. TOMLIN MEMBER Wednesday, the 22nd day of October, 2025
THIS MATTER in respect of the lands at 1520 Pinetree Crescent in the City of Mississauga, having come on for a public hearing on October 2, 2025 before the Ontario Land Tribunal (the “Tribunal”);
THE TRIBUNAL having been advised by the Parties that a full settlement had been reached, on consent;
AND THE TRIBUNAL having considered the settlement materials, and the sworn planning affidavit of William Oughtred filed on September 19, 2025, demonstrating that the proposal represents good planning for the following reasons:
- A minimum 3.0 metre buffer to the Natural Heritage Feature will be established and a maintenance easement granted to the City over the buffer. All development will take place outside the buffer thereby ensuring that the valley slope is maintained and protected from construction and grading activities. The buffer will be a naturalized area adjacent to the feature.
- The minimum width of the buffer is 3.0 metres. This width may be increased as a result of the findings and recommendations of the Environmental Impact Study.
- The Natural Heritage Feature including all lands below the greatest environmental constraint will be placed into public ownership thereby protecting the Natural Heritage System, its features and functions.
AND THE TRIBUNAL, having had regard to the decisions of the City’s committee of adjustment and the information and material related to the Consents pursuant to Section 2.1 of the Planning Act;
AND THE TRIBUNAL having considered the opinion evidence in the Affidavit and is satisfied that the Revised Condition has regard to the matters of provincial interest found in sections 2, specifically, sections 2(a) and 2(c) and 51(25) of the Planning Act, is consistent with the policies of the Provincial Planning Statement, 2024, conforms to the Mississauga Official Plan, 2025, is in the public interest, and constitutes good planning;
AND THE TRIBUNAL is satisfied that the proposed 3.0 metre setback is appropriate and necessary in achieving the policy objective of protecting the natural heritage feature;
AND THE TRIBUNAL is satisfied that all concerns raised by Margaret Dunn were fully addressed in the Affidavit.
NOW THEREFORE
THE TRIBUNAL ORDERS THAT the appeal is allowed, in part, and the provisional consent is to be given subject to the conditions set out in Attachment 1 to this Order.
“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 REVISED CONDITION
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SCHEDULE C
REVISED CONDITION OF APPROVAL
Condition No. 5:
A letter shall be received from the City of Mississauga, Park Planning, indicating that the following conditions have been met:
All lands below the greatest environmental constraint of the property (top-of-bank, long term stable slope, or natural features), along both the retained and severed lands (the “Natural Heritage Feature”), identified as Part 1 on the draft Reference Plan attached hereto as Appendix 1, shall be gratuitously dedicated to the City.
A maintenance easement on a minimum of 3 metre buffer above the Natural Heritage Feature (the “Buffer”), identified as Part 2 and Part 3 in Appendix 1, shall be registered on title of both the retained and severed lots in favour of the City. The amount of Buffer lands may be increased subject to justifications through an Environmental Impact Study (EIS), which EIS is to be submitted for review and approval by the City and Credit Valley Conservation.
Prior to the dedication of the Natural Heritage Feature, the applicant must provide written confirmation that the Transportation and Works Department has received and approved a Phase 1 and Phase 2 (if required) Environmental Site Assessment Report (ESA), together with a Record of Site Condition (RSC) for the Natural Heritage Feature and the Buffer. The ESAs and the RSC must be prepared, signed, dated and sealed by a Processional Engineer.
The Applicant will install a 1.5-metre high black vinyl chain link fence on the Natural Heritage Feature to the City’s standards, to be located 0.15 metres inside the Natural Heritage Feature.
The applicant shall provide fencing securities in the amount of $10,000.00. The fencing will be erected and maintained to the satisfaction of the Community Services Department – Parks & Culture Planning Section; upon confirmation of the foregoing, the City will agree to release the said securities.
The applicant shall provide securities in the amount of $15,000.00 to ensure the required clean-up, as well as the preservation and protection of the adjacent City owned lands to the satisfaction of the Community Services Department – Parks & Culture Planning Section. Upon final inspection of the dedicated Natural Heritage Feature, the City will agree to release the said securities.
The applicant shall submit a Site Servicing Plan and Grading plan to the satisfaction of the Departments of Community Services and Transportation and Works.
The applicant shall submit a Tree Preservation and Inventory Plan to the satisfaction of the Departments of Community Services.