Ontario Land Tribunal

Issue Date: April 10, 2025

Case No.: OLT-24-000722

Proceeding Commenced Under subsection 45(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Appellant: The Corporation of the City of Brampton

Applicant: Sarbjit Kang and Sukhvir Kang

Subject: Minor Variance

Description: To permit a lot coverage of 39.47% whereas the by-law permits a maximum lot coverage of 30%

Reference Number: A-2024-0152

Property Address: 82 Bartley Bull Parkway

Municipality/UT: City of Brampton

OLT Case No.: OLT-24-000722

OLT Lead Case No.: OLT-24-000722

OLT Case Name: Brampton (City) v. Brampton (City)

BEFORE:

ERIC S. CROWE 10th, day of April, 2025 MEMBER

THIS MATTER, in respect of the lands at 82 Bartley Bull Parkway (“Subject Lands”) in the City of Brampton (“Appellants”), having come for a Motion on January 23, 2025 before the Ontario Land Tribunal (the “Tribunal”) and the Tribunal having issued a Decision on January 23, 2025; and

THE TRIBUNAL, having received the submissions of Counsel for the City, and having considered the planning evidence of Allan Ramsay, M.C.I.P, R.P.P. with respect to the appeal filed by the City to the requested variance to ZBL 270-2004, which states the requested variance does not maintain the general intent and purpose of the City Official Plan (2006), does not maintain the general intent and purpose of ZBL 270-04, is not minor, and is not desirable for the appropriate development or use of the land. The requested variance does not represent good planning and does not meet the four-part test for a minor variance under section 45(1) of the Planning Act, and no contrary evidence having been submitted; and

THE TRIBUNAL, having received correspondence from Counsel for Sarbjit and Sukhvir Kang dated March 20, 2025 stating that Sarbjit and Sukhvir Kang consent to an Order of the Tribunal to allow the City’s appeal and to not authorize the requested variance to ZBL 270-2004; and

NOW THEREFORE

THE TRIBUNAL ORDERS THAT the City’s appeals pursuant to subsections 45 (12) of the Planning Act are allowed; and the minor variance to City of Brampton Zoning By-law 270-2004 is not authorized.

“Euken Lui”

EUKEN LUI ACTING 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.