Ontario Land Tribunal

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: July 25, 2025

CASE NO(S).: OLT-23-001073

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

Appellant: 1571145 Ontario Limited

Appellant: 2817053 Ontario Limited

Appellant: Auburn Developments Inc.

Appellant: Paisley Hill Ltd.

and others

Subject: Proposed Official Plan Amendment

Description: Update to the Middlesex Centre Official Plan

Reference Number: OPA 59

Property Address: Municipality-wide

Municipality/UT: Middlesex Centre/Middlesex

OLT Case No: OLT-23-001073

OLT Lead Case No: OLT-23-001073

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

Heard: June 12, 2025 in writing

APPEARANCES:

Parties

Counsel

1571145 Ontario Limited

Analee Baroudi

Municipality of Middlesex Centre

Paula Lombardi

County of Middlesex

Alex Ciccone

DECISION DELIVERED BY BITA M. RAJAEE AND ORDER OF THE TRIBUNAL

Link to Final Order

INTRODUCTION

1This matter relates to appeals filed pursuant to section 17(36) of the Planning Act (“Act”) by a number of Appellants: 1571145 Ontario Limited, 2817053 Ontario Limited, Auburn Developments Inc., Tridon Properties Ltd., Paisley Hill Ltd., Sifton Properties Limited, and South Winds Development Co. Inc. There are also a number of Non-Appellant Parties involved: Watermark Komoka 2021 Inc., Comgord Limited, Farhi Holdings Corporation, Farhi Farming Corporation, Cirrus Developments Limited, 1564326 Ontario Ltd., and 832928 Ontario Limited.

2The Appeals were filed regarding the adoption of Official Plan Amendment 59 (“OPA 59”) by Council of the Municipality of Middlesex Centre (“Municipality”).

3Four Case Management Conferences have taken place on: February 28, 2024, May 8, 2024, June 6, 2024, and April 28, 2025 (“Fourth CMC”). At these CMCs, adequate Notice was confirmed to have been served, Parties were added to the proceeding, and two Hearing blocks were scheduled, one Hearing to commence on June 16, 2025.

4The Hearing scheduled for June 2025 was adjourned, however, as the Parties needed time to work through new considerations required as a result of the Provincial Planning Statement, 2024 (“PPS”) coming into effect. By way of Order dated July 10, 2025, the Tribunal ratified the Procedural Order, and confirmed that an eight-day Hearing is scheduled to commence on Monday, October 6, 2025.

5At the Fourth CMC, the Counsel for 1571145 Ontario Limited (“Ontario”) advised that it had reached a resolution with the Municipality regarding its appeal, and the involved Parties wished to present the resolution to the Tribunal. As such, this Hearing in writing was scheduled to consider the agreement reached between Ontario, the Municipality, and the County of Middlesex (“County”) who is the Approval Authority for any Official Plan Amendments.

6None of the other Parties filed materials in relation to this settlement agreement or participated in this Hearing relating to Ontario’s appeal.

HEARING

7In support of this request, the Parties provided the Affidavit of Stephanie Bergman, land use planner for the Municipality, sworn on May 29, 2025. Ms. Bergman, based on her experience and knowledge, is qualified by the Tribunal to provide expert opinion evidence in the field of Land Use Planning.

8Ms. Bergman explained that Ontario is the owner of lands known municipally as 22447 Komoka Road (“Subject Lands”). The Subject Lands are located at the southeast corner of Glendon Drive and Komoka Road. They are approximately 5.9 hectares in area, with a frontage of 301.8 metres along Komoka Road. The Subject Lands are currently vacant of any buildings or structures and contain a pond on the southerly portion of the property.

9With respect to surrounding land uses, Ms. Bergman explained that residential uses in the form of single detached and townhouse dwellings are situated immediately to the west, commercial uses immediately to the north, and ponds and agricultural lands to the south and east of the Subject Lands. The Subject Lands are situated in proximity to an existing commercial area, provincial and municipal parks, and Middlesex Centre’s Wellness and Recreational Centre. They are located within the Komoka Urban Settlement area, identified by the Municipality as an area to receive a significant amount of growth and intensification. Full municipal services are available for the Subject Lands.

10Ms. Bergman testified that, in 2021, Ontario submitted site-specific Official Plan Amendment and Zoning By-law Amendment applications to facilitate the redevelopment of the Subject Lands for medium density residential uses. This was brought before the Tribunal in OLT Case File No. OLT-22-004300. The site-specific Official Plan Amendment 46 (“OPA 46”) was approved by the Tribunal in its Decision issued October 11, 2023 (“October 2023 Decision”). OPA 46 redesignated the Subject Lands from “Parks and Recreation” to “Medium Density Residential.” Additionally, in OLT Case File No. OLT-22-004300, Zoning By-law Amendment 2022-038 (“ZBA 2022-038”) was approved, which rezoned the Subject Lands from the “Restricted Agricultural (A2) Zone” to the “Urban Residential Third Density Exception – 18 zone.”

11Ms. Bergman explained that, in making its October 2023 Decision, the Tribunal received and relied on expert opinion evidence from a land use planner and an engineer. The Tribunal found that the proposed OPA 46 and ZBA 2022-038, as modified by the settlement agreement, satisfied all legislative tests, met the criteria of the Act, represented good planning, and were in the public interest. The purpose of OPA 46 and ZBA 2022-38 was to facilitate a medium density residential development on the Subject Lands in the form of two apartment buildings up to six storeys in height and providing a maximum of 193 apartment dwelling units (“Proposed Development”). ZBA 2022-038, as approved by the Tribunal, is currently in force and effect.

12Ms. Bergman further explained that, in 2020, the Municipality initiated a Municipal Comprehensive Review / General Official Plan Update (“OP Review”), occurring contemporaneously as the OPA 46 and ZBA 2022-038 Applications. The OP Review resulted in OPA 59 to the Middlesex Centre Official Plan. Ontario participated in the OP Review process through written and oral submissions prior to the adoption of OPA 59. On May 18, 2022, Council for the Municipality adopted OPA 59. On September 26, 2023, the County, as the Approval Authority, approved OPA 59.

13As Ms. Bergman pointed out, the Tribunal’s October 2023 Decision was released approximately one (1) month following the approval of OPA 59 by the County. Due to the timing of the Tribunal’s Hearing in OLT Case File No. OLT-22-004300, Ontario appealed OPA 59 to the Tribunal, to ensure that there was no risk of conflicting policies as they applied to the Subject Lands and the Proposed Development.

14Ms. Bergman opined, and the Parties submitted, that as a result of the events that have taken place and the October 2023 Decision, the County, the Municipality, and Ontario all agree that it is appropriate to modify OPA 59 to reflect the Tribunal’s October 2023 Decision, specifically as it relates to the Official Plan.

15Ms. Bergman clarified that the request of the Parties to modify OPA 59 to reflect the Tribunal’s October 2023 Decision complies with all policy requirements. Citing numerous policies, she explained that the Proposed Development this results in:

a. Has regard for section 2 of the Act, as it will result in a range of housing types, promotes safe communities that are readily accessible, allows for appropriate growth, and promotes a built form that is safe and accessible;

b. Is consistent with the PPS, as it represents an intensification through the construction of the two apartment buildings, creates a range and mix of housing types, and represents an efficient use of land, resources, and infrastructure; and

c. Conforms with the Municipality’s Official Plan, as the Subject Lands are situated within the settlement area and located on the southern boundary of the Komoka-Kilworth Urban Settlement Area and Secondary Plan on Schedule A-2. The October 2023 Decision reviewed the applicable Official Plan policies and confirmed that the Proposed Development conforms with the Municipality’s Official Plan provisions.

16Ms. Bergman concluded that the settlement and changing the land use designation from the existing “Parks and Recreation” to “Medium Density Residential” is appropriate, implements the October 2023 Decision, is consistent with the PPS, and continues to represent good planning.

17The County, Municipality and Ontario jointly submitted that it is appropriate to change the land use designation applied to the Subject Lands in OPA 59 to reflect the site-specific approvals previously obtained from the Tribunal. Additionally, they submitted that the Tribunal has the jurisdiction to modify OPA 59 pursuant to section 17(50) of the Act. The Parties requested this from the Tribunal at this current Hearing.

FINDINGS

18The Tribunal agrees that the October 2023 Decision is required to be implemented by the Municipality and incorporated into OPA 59. The Tribunal was persuaded by Ms. Bergman and the submission of the Parties that this would be appropriate. Specifically, the Subject Lands are located within the settlement area identified by the Municipality to receive a portion of the majority of growth and intensification. The Proposed Development is capable of being serviced by full urban municipal services and is situated in close proximity to the existing commercial areas, provincial and municipal parks, and community services. As such, the settlement arrived at by the Parties represents good planning in the public interest, and warrants approval.

ORDER

19THE TRIBUNAL ORDERS that pursuant to subsection 17(50) of the Planning Act, R.S.O. 1990, c. P.13, Official Plan Amendment 59 is hereby modified to reflect Official Plan Amendment 46 found at Attachment 1 to this Decision.

“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.

ATTACHMENT 1