Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 12, 2025

CASE NO.: OLT-24-000093 OLT-24-000094

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Applicant/Appellant: JRB Williams Enterprises Inc. Subject: Application to amend the Zoning By-law – Refusal of application Description: To permit a development consisting of 32 residential units located in 8 buildings Reference Number: Z13-2022 Property Address: Part of Lot 33, Conc. C Municipality/UT: Brighton/Northumberland OLT Case No: OLT-24-000093 OLT Lead Case No: OLT-24-000093 OLT Case Name: JRB Williams Enterprises Inc. v Brighton (Municipality)

PROCEEDING COMMENCED UNDER section 51(39) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.

Subject: Proposed Plan of Subdivision - Refusal by Approval Authority Description: To permit a development consisting of 32 residential units located in 8 buildings Reference Number: SUB2022-01 Property Address: Part of Lot 33, Conc. C Municipality/UT: Brighton/Northumberland OLT Case No: OLT-24-000094 OLT Lead Case No: OLT-24-000093 OLT Case Name: JRB Williams Enterprises Inc. v Brighton (Municipality)

BEFORE:

"David Brown"

Wednesday, the 12th

MEMBER

"A. Snowdon" MEMBER

day of February, 2025

THESE MATTERS having come before the Tribunal, and the Tribunal in its decision issued October 18, 2024, having allowed the appeal pursuant to subsection 34(11) of the Planning Act [OLT Case No.: OLT-24-000093];

AND THE TRIBUNAL having withheld its final order regarding the appeal pursuant to subsection 51(39) of the Planning Act [OLT Case No.: OLT-24-000094] pending the submission of a final list of Conditions of Draft Condominium Plan Approval, provided in a form acceptable to the Solicitor for the Municipality of Brighton, whereby each condition identified can be fulfilled upon the performance of those certain requirements, and the submission of a Draft Plan of Condominium signed by a qualified Ontario Land Surveyor confirmed to be satisfactory to the Solicitor for the Municipality of Brighton to replace the interim approved Draft Plan of Condominium contained in Attachment 2 of the Interim Order;

AND THE TRIBUNAL having received a final list of Conditions of Draft Condominium Plan Approval in a form confirmed to be acceptable to the Solicitor for the Municipality of Brighton and having received a Draft Plan of Condominium signed by a qualified Ontario Land Surveyor confirmed to be satisfactory to the Solicitor for the Municipality of Brighton;

THE TRIBUNAL ORDERS THAT the appeal is allowed and the draft plan shown on the plan prepared by Gifford Harris Surveying Ltd. and EcoVue Consulting Services Inc., referenced as Project No. 21-2142 and signed and dated November 4, 2024 comprising Part of Lot 33, Concession C, Town of Brighton, County of Northumberland, as set out in Attachment A to this Order is approved subject to the fulfillment of the conditions set out in Attachment B to this Order;

AND THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act, the Municipality of Brighton shall have authority to clear the conditions of draft approval and to administer final approval of the plan of subdivision (condominium) for the purposes of subsection 51(58) of the Planning Act. In the event that there are any difficulties implementing any of the conditions of the draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.

In all other respects the Decision issued on October 18, 2024, remains as issued.

"Euken Lui"

EUKEN LUI

ACTING