Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 27, 2025
CASE NO(S).: OLT-24-000448
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Xin Yin Inc. (The Mahayana Pure Land Temple)
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a two-storey place of worship.
Reference Number: OPA 21.003
Property Address: 5310 and 5322 Aurora Road
Municipality: Whitchurch-Stouffville
OLT Case No.: OLT-24-000448
OLT Lead Case No.: OLT-24-000448
OLT Case Name: The Mahayana Pure Land Temple et al v. Whitchurch-Stouffville (Town)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Xin Yin Inc. (The Mahayana Pure Land Temple)
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a two-storey place of worship.
Reference Number: ZBA 21.005
Property Address: 5310 and 5322 Aurora Road
Municipality: Whitchurch-Stouffville
OLT Case No.: OLT-24-000449
OLT Lead Case No.: OLT-24-000448
Heard: November 3, 2025 by Video Hearing
APPEARANCES:
Parties: Xin Yin Inc. (The Mahayana Pure Land Temple) (“Appellant”) Counsel: Matthew Helfand, Jonathan Marun-Batista
Parties: Town of Whitchurch-Stouffville (“Town”) Counsel: Andrew Biggart
MEMORANDUM OF ORAL DECISION DELIVERED BY T.F. NG ON NOVEMBER 3, 2025 AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The matter before the Tribunal was a hearing to consider a settlement proposal (“Proposal”) of the Appellant’s appeals of an Official Plan Amendment (“OPA”), and a Zoning By-law Amendment (“ZBA”) (the “Applications”).
2The purpose of the Applications was to facilitate the development of a site municipally known as 5310 and 5322 Aurora Road (“the Subject Land/Site”) in the Town to construct a two-storey place of worship.
3Following the Proposal, drafts OPA and ZBA were provided.
4QianQiao Zhu, a registered professional Planner, swore an Affidavit on October 31, 2025, on behalf of the Appellant, in support of the Proposal. He was qualified to give expert opinion evidence in land use planning matters. The Affidavit was marked as Exhibit 1.
5The Tribunal, having reviewed the documents, the Proposal, and the affirmed testimony of Mr. Zhu, allows the appeals for the reasons set out below.
PLANNING EVIDENCE
6Mr. Zhu explained the background of the Applications and the legislative and policy framework in support of the Proposal. He addressed the concerns of the Participants, relating to traffic and parking, noise concerns from worship activities, servicing and sewage matters. He informed the Tribunal that the Appellant’s retained experts were and are in constant discussions with the Town, and there were no adverse impacts on adjacent properties. The Town has acknowledged that there were no concerns as regard the above-stated matters.
7The relevant policy framework includes the Provincial Planning Statement, 2024 (“PPS”), the Oak Ridges Moraine Conservation Plan (“ORMCP”), the Lake Simcoe Protection Plan (“LSPP”), the York Region Official Plan 2010 (“YROP”), the Town Official Plan 2004 (“OP”) and the Ballantrae-Musselman Lake and Environs Secondary Plan (“BMLESP”).
8Mr. Zhu opined that the Proposal, the OPA, and ZBA represent good land use planning, and he recommended approval of the OPA and ZBA.
AREA CONTEXT
9The Subject Land is located on the north side of Aurora Road, approximately 140 metres east of Highway 48. It is made up of two parcels, municipally known as 5310 and 5322 Aurora Road. Each parcel is approximately 0.27 hectares in size. The Subject Site has a total area of 0.536 hectares (1.32 acres) and is relatively flat, with minimal slope in any direction.
10The Subject Site has a frontage of 61 metres on Aurora Road and a depth of approximately 89 metres. Pedestrian and vehicular access to the Subject Site is currently provided off Aurora Road.
11Currently, the two parcels each contain a one-storey single-detached residential dwelling.
12The Subject Land is located in the Hamlet of Ballantrae and Musselman Lake, which is in the central portion of the Town.
13North of the Subject Site are single-detached residential dwellings. Further north, along the west side of Highway 48, is the Whitchurch-Stouffville Fire Station municipally addressed as 15400 Highway 48.
14East of the Subject Site are single-detached residential dwellings. Further east along Aurora Road are public facilities, including the Ballantrae Community Centre and Ballantrae Public School. Beyond that is an undeveloped treed area, within the Countryside Area of the ORMCP.
15South of the Subject Site is Aurora Road and single-detached residential dwellings. A gas station is located at the southeast corner of Highway 48 and Aurora Road intersection.
16West of the Subject Site is a commercial shopping centre (Ballantrae Gates) that consists of a number of retail, recreational and healthcare office establishments, and a gas station. Vacant land is located further west, at the northwest corner of Highway 48 and Aurora Road intersection.
17The Ballantrae and Musselman Lake neighbourhood is located within rural Stouffville and is entirely located within the Oak Ridges Moraine area. The neighbourhood contains a mix of residential, retail, commercial, institutional facilities and parks and recreational uses. Residential uses can primarily be characterized as one and two-storey single-detached dwellings, with some townhomes. The neighbourhood is centered around the intersection at Highway 48 and Aurora Road.
18The Subject Site is well-serviced by Highway 48 and Aurora Road. Highway 48 is owned by the Province of Ontario, while Aurora Road is owned by the Regional Municipality of York (the “Region”).
19The Subject Land is located on the north side of Aurora Road, approximately 170 metres east of Highway 48, providing convenient vehicular access. While there is no local public transit at this time in the Town, the Old Elm GO Train Station is located approximately 10 kilometres southeast of the Subject Site. The Old Elm GO Train station is the northern terminus on the Stouffville line and provides commuter service through Stouffville, Markham and Scarborough to Union Station in Toronto. While there are currently no sidewalks existing on either Aurora Road or Highway 48, the Town is working with York Region to establish a sidewalk on the north side of this section of Aurora Road. The Subject Site is connected to the York Region Cycling network along Aurora Road.
20The Community of Ballantrae-Musselman’s Lake’s water supply is currently provided via a standalone groundwater source. Growth in the community of Ballantrae is currently limited by the availability of water servicing and provincial policy, which prevents lake-based water supply.
21In terms of religion, the York Region’s 2021 Census Release Report on “Immigration, Ethnocultural, Diversity, Religion, and Mobility” reported over 30,400 individuals who self-reported as practicing the Buddhist faith in the Region. Approximately three-quarters of York Region residents who practice Buddhism are located in either Whitchurch-Stouffville or in adjacent municipalities. There is no Buddhist temple in the Town, and there are less than five temples located in the northern portion of the Region.
Background
22The first submission of the OPA and ZBA applications was made to the Town on June 29, 2021.
23The OPA intends to change the land use designation of the Subject Site from ‘Ballantrae Future Residential Area I’ to ‘Institutional Area’ to permit a place of worship. The ZBA intends to rezone the Subject Site from ‘Residential Village (EV)’ Zone to ‘Institutional (I) Zone’ under the Town’s Comprehensive Zoning By-law 2010-001-ZO (“ZBL”).
24In the first submission, the proposal included demolishing the single detached dwelling at 5310 Aurora Road and redeveloping the lands with the main temple building containing worship space and living quarters for monks and nuns. The existing single detached dwelling at 5322 Aurora Road was proposed to be retained and renovated to continue to serve as a residence for monks and nuns. Both properties would be considered one site.
25The second submission for the Subject Site was made to the Town on August 11, 2023. With the second submission, the design team addressed some of the main concerns of Town staff and the public. For example, the revised concept provides additional parking spaces and limits the indoor capacity of the worship space, as well as increased west side yard setback. The civil engineering design was also updated to address the Town’s technical concerns.
26The Hearing scheduled for May 6 to 9, 2025, proceeded but was postponed on the 4th day, part heard, when the Parties jointly requested an adjournment to pursue settlement negotiations through Tribunal-led mediation.
27The Parties participated in the mediation, which led to the settlement proposed.
THE REVISED PROPOSAL
28As part of the Proposal, a revised development plan has been prepared, now showing a two-storey connected rectangular building instead of the previously proposed ‘L’ shaped building. The new design now allows for more wrap-around space to the east and west of the building block, permitting better driveway access and more parking spaces. Parking spaces have been increased to 64 spaces. This represents a marked increase which meant a parking rate of 9.5 spaces/100 square metres for 629 square metres of Gross Floor Area (“GFA”) for public use and 1 parking space for every 3 bedrooms. The redesign of the building now resolved the adjacent residents’ concerns on the lack of parking at the Subject Site, leading to overflow to street parking. The Town has confirmed that traffic-related, and pedestrian safety concerns have been addressed in the proposed development.
29This revised development plan shows that more thought has been directed to separate the public amenity spaces from the private amenity and residential areas for the monks and nuns of this religious worship building. The ground floor, in the revised plan, is now almost entirely dedicated to the provision of public worship activities, with the public corridors, the viewing gallery sections (of worship statues and tablets), and worship area etc. There are functional room, WCs and a small gift shop areas.
30The first floor and the basement now serve the needs of monks and nuns. The residential quarters/bedrooms are located on the first floor. The basement contains the kitchen and dining, and general work areas for the resident monks and nuns. The monks and nuns are, by cultural tradition, separated in the residential accommodation and in the dining hall.
31Site-specific zoning regulations are proposed to permit a limited range of accessory uses to the place of worship, with holding provisions.
ANALYSIS AND FINDINGS
32The Tribunal accepts the uncontested opinion evidence of Mr. Zhu. The Tribunal finds that the Proposal has proper regard for the matters of provincial interest as set out in s 2 of the Planning Act (“Act”). In particular, s. 2(h) on the orderly development of communities, s. 2(p) on the appropriate location of growth and development, and s. 2(r) on the promotion of built form that is well-designed and encourages a sense of place.
33Further, the proposed development is consistent with the PPS, issued under s 3 of the Planning Act.
34Mr. Zhu opined, and the Tribunal agrees, that the Proposal is consistent with the policies within the PPS and conforms to the relevant legislative and policy framework.
Provincial Planning Statement 2024
35The Proposal is consistent with the PPS policies. The proposed development is in a strategic location, with access to the highway and to a range of retail and other facilities nearby. The Subject Site is suited for infill development. There is access to cycling paths and to Aurora Road, which supports active transportation. A Buddhist temple will accommodate this growing religious group within the York Region. The proposal is consistent with s. 2.1.6 of the PPS.
36The proposed development is within the Settlement Area of Ballantrae and is directly adjacent to the main intersection of Ballantrae. The Town’s plans to provide sidewalks along Aurora Road will support active transportation within the community. The proposed development will utilize existing infrastructure whenever possible. Thus, the proposal is consistent with s.2.3 of the PPS.
37The Subject Site will improve the land use efficiency of the community. The development’s servicing and storm management facilities will meet relevant standards of being environmentally friendly. It is consistent with s.2.9 of the PPS.
38The proposed development will avoid harm to the environment and will promote conservation of natural heritage. The provision of an institutional use is consistent with the policies under s.3.9 of the PPS.
39The Tribunal finds that the Proposal is consistent with the PPS.
Oak Ridges Moraine Conservation Plan
40The Oak Ridges Moraine Conservation Plan (“ORMCP”) (2017) provides land use and resource management direction for the protection of the Oak Ridges Moraine. The ORMCP was set out in O. Reg. 140/02 under Bill 122, Oak Ridges Protection Act 2001.
41The Subject Site is designated as ‘Settlement Area’ under the ORMCP Land Use Designation Map. Section 18 outlines policy direction for the Settlement Area.
42The proposal introduces an institutional worship land use within a residential and retail area. The architectural design respects the neighbourhood and community context of the Settlement Area.
43The proposed development within the settlement area will promote efficient land use, proper management strategy and a strong community.
44The Tribunal finds that the Proposal conforms to the ORMCP.
Lake Simcoe Protection Plan
45The Lake Simcoe Protection Plan (“LSPP”) applies to the Subject Site. The LSPP’s goal is to protect and restore the ecological health of Lake Simcoe and its watershed.
46Chapter 4 of the LSPP includes policies related to water quality. The LSPP defines a ‘major development’ as “development consisting of the construction of a building or buildings with a ground floor area of 500 m2 or more”. The proposed development includes a building with a GFA greater than 500 square meters, hence LSPP policies apply to the proposed development.
47Based on the above, this development’s applications were accompanied by a Functional Servicing and Stormwater Management Report dated June 2021. This report has been peer reviewed. An Update report dated January 2025 was also prepared.
48The LSPP policies are met by the proposed development. The proposal will not affect the health of the Lake Simcoe Watershed. The proposed development will reduce the impacts of urban run-off and will support the goals of the LSPP. The Functional Servicing and Stormwater Management Report and the Peer Review and Update have been prepared to satisfy the relevant regulations.
49The Tribunal finds that the proposal conforms to the LSPP.
The York Region Official Plan 2010 (YROP)
50The York Region Official Plan (“YROP”) is a long-range planning document that provides clear direction with respect to long-term growth and community structure in the Region of York. Currently, the in-force YROP was adopted by the York Region Council and Approved by the Ministry of Municipal Affairs and Housing in 2022. Since the original OPA and ZBA applications were deemed complete prior to the adoption of the 2022 YROP, the original 2010 YROP applies here.
51The Regional Municipality of York as an upper-tier municipality, is without planning responsibilities as of July 1, 2024. (Bill 23). Currently, planning policies under YROP are enforced by lower-tier municipalities forming part of each upper-tier municipality. In this specific case, YROP is enforced by the Town.
52Mr. Zhu stated that s.1 of the YROP speaks to the Region being developed in a sustainable manner. Specifically, Policy 1.2.5 states that a key vision of the Official Plan is the “Promotion of a well-designed and intensified built form for new commercial, industrial and institutional developments.”
53Section 3 of the YROP provides that the Region be developed into a healthy community, focusing on human health and well-being, air quality and climate change, human services, cultural heritage, and housing.
54Section 5 of the YROP provides development policies for urban areas within the Region. Its vision includes that the growth of the Region will be accommodated in the settlement areas, including Towns and Villages. The Community of Ballantrae is designated as ‘Towns and Villages’ by Map 1 – Regional Structure of the YROP.
55The proposed development is an infill development that efficiently utilizes land within a built-up area and existing infrastructure. The provision of a place of worship results in more religious amenities for the community across the Region and promotes complete communities.
56The proposed building is well designed and respects the existing context of Ballantrae. It will foster wellness, social inclusion, and provide a sense of place for worshippers.
57The building has been sited and massed to provide landscaping, appropriate screening and transition to the adjacent commercial retail, and residential uses. The proposed landscaping will contribute to the overall tree canopy in the neighbourhood and support environmental sustainability.
58The proposed sidewalk planned by the Town will increase pedestrian connectivity to the Subject Site and facilitate worshippers’ access to the temple and the nearby commercial uses.
59The applications conform to the YROP and also conform to the policies in the YROP 2022 (considered by Mr. Zhu), although inapplicable and not determinative of the applications.
60The Tribunal finds that the Proposal conforms to the YROP.
Town Official Plan
61On September 25, 2025, the new, Town Official Plan (2025) was approved by the Minister of Municipal Affairs and Housing. The new Town Official Plan (2025) is now in force and effect.
62As the applications were deemed complete prior to the adoption of the new Official Plan, it is not applicable to the proposed development. The original Town Official Plan (2004) (“OP”) continues to apply.
63The OP establishes a framework for the Town’s future development. It was originally adopted by Town Council in 2000, the Regional Council in 2001, and approved by the Ontario Municipal Board in 2004 and consolidated in January 2023.
64Mr. Zhu explained that s. 5.8.1 provides that “The type of sewer and water facilities to be used in each of the Secondary Plan Areas will be established in the Secondary Plan. Until a Secondary Plan is prepared for the Vandorf Preston Lake Area, the policies of this section will apply to the provision of services.”
65Section 5.8.3iii) provides that:
a) Every application for development or site alteration shall demonstrate that planning, design and construction practices that protect water resources will be used, including, keeping the removal of vegetation, grading and soil compaction to a minimum; keeping all sediment that is eroded during construction within the site; seeding or sodding exposed soils as soon as possible after construction; and, keeping chemical applications to suppress dust and control pests and vegetation to a minimum.
b) In considering an application for development or site alteration, the municipality shall seek to reduce areas with impervious surfaces and increase areas retained in a natural undisturbed state, in order to minimize stormwater volumes and contaminant loads.
e) For the purposes of stormwater management, the minimum standard for water quality is that 80% of suspended solids shall be removed from stormwater runoff as a long-term average.
66The proposed development provides servicing that follows the secondary plan. The stormwater management has been designed by professional engineers and peer reviewed. Mr. Zhu opined that the proposed development is consistent with Policies 5.8.1 and 5.8.3 iii) of the OP.
67Section 6.5 provides policies to guide general design of the proposed development.
68Mr. Zhu stressed the Buddhist Temple's site plan and its building’s strategic siting. With its feature landscaping and paved open space, the front yard will enhance the streetscape around the main intersection of Highway 48 and Aurora Road in the Ballantrae community. Lighting will cover most public spaces, with minimal spillage onto neighbouring properties. This is in line with the Town's vision of a high-quality urban design that promotes community safety.
69To the west of the Subject Lands is a commercial plaza. The proposed development is expected to serve as a transition between the commercial plaza and the low-density residential development to the east.
70The Tribunal finds that the proposed development conforms to the OP.
Ballantrae-Musselman Lake and Environs Secondary Plan
71Section 11 of the OP includes the Ballantrae-Musselman Lake and Environs Secondary Plan (the “BMLESP”) which guides the development of the Ballantrae community, including the Subject Site. It was amended as OPA 136. On January 31, 2025, the Tribunal approved OPA 136 and the associated Zoning By-law 2014-007-ZO that is now in force and effect.
72The applications were deemed complete prior to the Tribunal’s decision on OPA 136, so it is not applicable to the proposed development. The original BMLESP continues to apply.
73As per policy 11.4.7.2, the “Ballantrae Future Residential Area I” permits residential and utility uses; however, it does not permit a new institutional use. An OPA will be required to re-designate the Subject Site to permit the proposed development.
74Mr. Zhu opined that the redesignation of the Subject Site to “Institutional Area” can better reflect the location of the Subject Site being along Aurora Road, and as a separate entity from the adjacent subdivision to the north and west. The “Institutional Area” designation allows for institutional uses and includes a Place of Worship.
75The re-designation to allow institutional uses on the Subject Site will provide a transition from the existing plaza to the west, and the low-density subdivision to the north and east.
76In addition to re-designating the Subject Site, the revised draft OPA provides site-specific special provisions to permit a place of worship with accessory residential and retail uses. A special provision on private water systems is also provided.
77In Mr. Zhu’s opinion, the BMLESP provides guidance on the development of the Subject Site, for low-density residential use with limited commercial, recreational and institutional services. The proposed development is compatible with the local context and minimizes any impact on natural features. The proposed development conforms to the OP and represents good planning for the Community.
78The Tribunal finds that the proposal conforms to the BMLESP.
Town Zoning By-law
79The Town Zoning By-law 2010-001-ZO (“ZBL”) was approved by Council in 2010, and by the Ontario Municipal Board in 2011.
80The Subject Site is zoned ‘Residential Village’ (RV), as depicted under ZBL Schedule 21. Section 5.1 of the ZBL lists the permitted uses of the RV zone: “Single Detached Dwelling Accessory Residential Unit; Accessory Uses, Buildings and Structures Bed and Breakfast Establishment; Group Home Occupation; Private Home Daycare Park”.
81Institutional uses or places of worship are not permitted under the RV zone. A ZBA will be required to re-zone the Subject Site to ‘Institutional’ with site-specific provisions to permit reduced yards and parking requirements.
82The intent of this zone was to align with the Official Plan designation of “Ballantrae Future Residential Area”, which was to support residential subdivision development.
83The ZBL defines Place of Worship as “a building, structure, or part thereof, which is primarily used for the practice of religion and faith-based spiritual purposes wherein people assemble for religious worship, faith-based teaching, fellowship and community social outreach”. Based on the requirements and restrictions of the ZBL, appropriate amendments are proposed.
84Since there is an intent to utilize private servicing to service the Subject Site, a holding symbol is proposed for servicing matters.
85In Mr. Zhu’s opinion, the ZBA is appropriate in the context of the community and represents good planning.
86The Tribunal finds that the Proposal:
a) Will promote an institutional development on an underutilized site which will contribute to community growth in a meaningful manner.
b) Is within a settlement area of the YROP and the settlement area of the OP where appropriate development is supported and permitted.
c) Has the capacity to provide private water servicing and sewage management system without relying on municipal services, facilities, and amenities for the place of worship accessory residential use contemplated.
d) Is an efficient use of resources of the Subject Land and is supportive of individual active transportation in this area.
e) Represents a well designed two storey compatible development of similar height with the built form character of the area.
f) Will harmoniously co-exist with adjacent properties without adverse impacts; and
g) Creates an institutional use that facilitates the establishment of a complete community with infrastructure for healthy social integration in the neighbourhood.
CONCLUSION
87The Tribunal is satisfied that the Proposal, the OPA, and the ZBA represent good planning, have regard for the matters of provincial interest as set out in section 2 of the Planning Act, are consistent with the PPS, and conform to the ORMCP, LSPP, YROP, the OP and the BMLESP.
88The Tribunal grants the appeals and approves the OPA and ZBA.
ORDER
89THE TRIBUNAL ORDERS THAT the appeals are allowed, and that:
The Official Plan for the Town of Whitchurch-Stouffville is amended, as set out in Attachment 1 to this Order; and
The Town Zoning By-law No. 2010-001-ZO is hereby amended, as set out in Attachment 2 to this Order. The Tribunal authorizes the municipal clerk to assign a number to this By-law for record keeping purposes.
By consent, no costs shall be awarded in respect of this Order.
The Tribunal may be spoken to concerning issues arising from the implementation of this Order.
“T.F. Ng”
T.F. NG VICE-CHAIR
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.
ATTACHMENT 1
ATTACHMENT 2