Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: November 13, 2025

CASE NO(S).: OLT-23-001001

PROCEEDING COMMENCED UNDER subsection 17(36) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: Landea Developments Inc.

Applicant: Township of Lucan Biddulph

Subject: Proposed Official Plan Amendment

Description: To expand the settlement area boundary of the Village of Lucan.

Reference Number: 39-LB-OPA10

Property Address: Part of Lot 29, Concession 5

Municipality/UT: Lucan Biddulph/Middlesex

OLT Case No.: OLT-23-001001

OLT Lead Case No.: OLT-23-001001

OLT Case Name: Landea Developments Inc. v. Middlesex (County)

Heard: October 20, 2025 by Video Hearing

APPEARANCES:

Parties	Counsel
Landea Developments Inc.	Analee Baroudi
Township of Lucan Biddulph	Paula Lombardi
County of Middlesex	Paula Lombardi
2219260 Ontario Inc. o/a Gilrad (Lucan) Developments Inc.	Andrea Skinner

MEMORANDUM OF ORAL DECISION DELIVERED BY BITA M. RAJAEE ON OCTOBER 20, 2025 AND ORDER OF THE TRIBUNAL

Link to Order

INTRODUCTION

1This Hearing arose from an appeal by Landea Developments Inc. (“Appellant”), pursuant to s. 17(36) of the Planning Act, regarding the Township of Lucan Biddulph’s (“Township”) Municipal Comprehensive Review and Official Plan update. Official Plan Amendment No. 10 (“OPA 10”) was adopted by the Township on June 7, 2022 and approved on September 12, 2023 by the approval authority, the County of Middlesex (“County”).

2A first Case Management Conference (“CMC”) took place on July 5, 2025, wherein it was confirmed that adequate Notice had been provided and no further Notice was required. Additionally, 2219260 Ontario Inc. o/a Gilrad (Lucan) Developments Inc. (“Gilrad”) was added as a Party to the proceeding and Matthew Van Geel was granted Participant status. A four-day Hearing was scheduled, but adjourned, as the Parties were discussing settlement. Ultimately, this Hearing took place to allow the Tribunal to consider a settlement agreement.

HEARING

3In support of the settlement agreement, the Parties presented written and oral testimony from Dan FitzGerald. The Curriculum Vitae and signed Acknowledgement of Expert Duty form for Mr. FitzGerald were provided, confirming his expertise in the field of Land Use Planning. Mr. FitzGerald was qualified by the Tribunal, without objection, to provide expert opinion evidence in Land Use Planning.

Lands Subject to the Appeal

4The Appellant’s lands are municipally known as Part of Lot 29, Concession 5 in the Township, which, as Mr. FitzGerald explained, are situated adjacent to the northeastern boundary of the Settlement Area of the Village of Lucan (“Landea Land”). The Landea Land is bound to the north, east, and south by agricultural lands, and to the west by the Settlement Area of the Village of Lucan. The Landea Land is partially adjacent to the municipal stormwater management ponds to the south.

5The part of Gilrad’s lands that is subject to this appeal is a portion of the lands legally described as Part of Lot 28, Biddulph Concession 5, in the Township (“Gilrad Land”). The Gilrad Land is bound to the north and east by agricultural lands, to the south by the Landea Land, and abuts the Settlement Area of the Village of Lucan to the west. The Gilrad Land is adjacent to an existing draft plan approved subdivision.

6Both the Landea Land and the Gilrad Land (collectively “Subject Site”) are agricultural parcels. They contain no development and are actively farmed for cash crop. The Subject Site is designated “Agricultural Area” in the County of Middlesex Official Plan (“COP”) and “Agricultural” in the Township of Lucan Bidulph’s Official Plan (“TOP”). It is zoned “Agricultural” (A) in the Township’s Comprehensive Zoning By-law.

The Municipal Comprehensive Review (OPA 10)

7Mr. FitzGerald testified that the purpose and effect of the Municipal Comprehensive Review through OPA 10 is to address matters of provincial interest, to address changes to the Provincial Policy Statement, 2020 (“PPS 2020”) as a result of the now in-effect Provincial Planning Statement, 2024 (“PPS 2024”), ensure alignment with the COP, update population and housing projections, account for a 25 year projected land needs, update the growth management strategy, include direction for additional residential units inside and outside of settlement areas, and update land use and mapping schedules.

8OPA 10, as adopted and approved, adjusted the Settlement Boundary Area of the Village of Lucan by adding 55 hectares (135 acres) of land to the community of Lucan by re-designating the lands from “Agricultural” to “Residential.” The additional land was included to accommodate the anticipated growth projection for the next 25 years, as required by PPS 2020 at the time of adoption and approval. The addition of lands was informed by way of an analysis and growth projection completed by Watson and Associates Economists, which was endorsed by County Council and included as a schedule to the COP through County Official Plan Amendment No. 3, which was approved by the Minister on July 7, 2023.

Settlement Agreement

9The Appellant’s appeal relates to the argument that the lands identified by the Township in OPA 10, as approved, are not sufficient to accommodate future residential growth, as required by the PPS 2024, and/or that the Landea Land is better suited for development from a servicing and planning perspective as they are less constrained. Gilrad is sheltering under the Appellant’s appeal and has raised similar issues.

10Mr. FitzGerald explained that the settlement consisted of an agreement between the Parties, whereby they would ask the Tribunal to amend Schedule ‘A’ – Land Use & Transportation Plan of OPA 10 by changing the designation of the Subject Site from “Agricultural” to “Residential Special Policy Area 2 (R-SPA2)”. Thus, the settlement agreement would amend OPA 10 to add Site Specific Policy 2.1.5.14 – Residential Special Policy Area 2 (R-SPA2), as set out in Attachment A, attached to this Decision.

11The planning documents affecting this matter include:

a. The Planning Act, R.S.O. 1990, c. P.13, as amended;

b. The PPS 2024 (formerly PPS 2020);

c. The COP; and

d. The TOP.

12Mr. FitzGerald opined that OPA 10, as proposed to be modified in accordance with the settlement agreement, is appropriate in the circumstances, is consistent with the PPS 2024, and conforms to the COP and TOP through the special policy area imposed on the additional lands. Citing numerous policies in his comprehensive Affidavit and oral testimony, Mr. FitzGerald opined that:

a. The Subject Site represents two parcels that would appropriately increase the land supply available to address the land supply balance and need for the Township. Both the Landea Land and the Gilrad Land adequately satisfy PPS 2024 policies 2.1.3 and 2.3.2.1 as they would represent an efficient use of land and resources, optimize existing and planned infrastructure, support active transportation, utilize existing or planned transportation routes, are not comprised of specialty crop areas, and would comply with the minimum distance separation formula. Additionally, the proposed settlement boundary limits avoid any existing Natural Heritage Features and Significant Woodlands as identified in the Middlesex Natural Heritage Systems Study 2014.

b. To achieve orderly and efficient development through a phased approach, and to satisfy PPS 2024 policy 2.1.6, a Residential Special Policy Area 2 (R-SPA2) is included as part of the settlement agreement. The special policy area intends to create an efficient and phased approach to development on full municipal services and seeks for the landowners to work together when considering infrastructure such as roads, sewers, stormwater, and water. Through the imposition of the Residential Special Policy Area 2 (R-SPA2) overlay designation, as attached as Attachment A, the proposed amended OPA 10 is consistent with the PPS.

c. OPA 10, as amended by the settlement agreement, conforms with the COP. The proposed settlement boundary expansion through OPA 10, and modified by the settlement agreement, establishes an orderly and efficient pattern of development. Both the lands previously included, as well as those considered for inclusion through the settlement agreement, constitute lands that are not constrained by existing Natural Heritage Features or Significant Woodlands. All parcels are immediately adjacent to the existing Settlement Area and would represent a logical phased development approach to the expansion of the existing Settlement Area.

d. OPA 10, as amended by the settlement agreement, conforms with the TOP as the Subject Site constitutes a logical extension of the existing Settlement Area, while providing opportunities for a phased development approach on municipal services.

13Mr. FitzGerald concluded that it was good planning for the Tribunal to approve OPA 10, as approved by the County and modified by the settlement agreement, in its entirety.

TRIBUNAL’S FINDINGS

14The Tribunal was satisfied by the uncontested written and oral evidence provided by Mr. FitzGerald. The Tribunal found that OPA 10, along with the proposed modification resulting from the settlement agreement, attached as Attachment A to this Decision, aligns with good land use planning and satisfies all legislative tests pertaining to this matter. As such, the Tribunal found that OPA 10, and the proposed modification to it, warranted approval.

15An oral ruling to this effect was made at the Hearing.

ORDER

16THE TRIBUNAL ORDERS THAT:

a. The appeal is allowed, and the Township of Lucan Biddulph’s Official Plan is amended to incorporate a site-specific policy, being Site Specific Policy 2.1.5.14(2) – Residential Special Policy Area 2 (R-SPA2), as set out in Attachment A to this Order;

b. The Township of Lucan Biddulph’s Official Plan, Schedule ‘A’ – Land Use & Transportation Plan is be amended by changing the designation of the lands legally described as Part of Lot 29, Concession 5, in the Township of Lucan Biddulph, in the County of Middlesex, Province of Ontario, being the Landea Land, and a portion of the lands legally described as Part of Lot 28, Biddulph Concession 5, in the Township of Lucan Biddulph, in the County of Middlesex, Province of Ontario, which includes part of the Gilrad Land, as identified on the attached Schedule 2 (page 2 of Attachment A) to this Order from “Agricultural” to “Residential Special Policy Area 2 (R-SPA2)” designation; and

c. Official Plan Amendment No. 10 to the Township of Lucan Biddulph’s Official Plan, being subject to no further appeals, and as amended as set out in this Order, shall be in full force and effect.

17THE TRIBUNAL FURTHER ORDERS that, in accordance with Rule 24.3 of the Tribunal’s Rules of Practice and Procedure, this Order is effective as of October 20, 2025.

“Bita M. Rajaee”

BITA M. RAJAEE

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.