Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: August.27, 2025 CASE NO.:OLT-22-002192
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2366885 Ontario Inc.
Subject: Application to amend Zoning By-law No. 270-2014 – Neglect of City of Brampton to make a decision
Existing Zoning: Agricultural (A)
Proposed Zoning: To be determined
Purpose: To permit residential development
Property Address/Description: 10194 Heart Lake Road
Municipality: City of Brampton
Municipality File No.: C02E11.022
OLT Case No.: Legacy Case No.: OLT-22-002192 PL171333
OLT Lead Case.: Legacy Lead Case No.: OLT-22-002192 PL171333
OLT Case Name: 2366885 Ontario Inc. v. Brampton (City)
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: 2366885 Ontario Inc.
Subject: Proposed Plan of Subdivision - Failure of the City of Brampton to make a decision
Purpose: To permit residential development
Property Address/Description: 10194 Heart Lake Road
Municipality: City of Brampton
Municipality File No.: 21T-11003B
OLT Case No.: Legacy Case No.: OLT-22-003778 PL171334
OLT Lead Case No.: OLT-22-002192
BEFORE: M.A SILLS Wednesday, the 27th VICE-CHAIR day of August, 2025
THIS MATTER having come on before the Ontario Land Tribunal (the "Tribunal") for a written settlement hearing on October 12, 2021;
AND THE TRIBUNAL having before it a request on consent of all parties to allow the appeal of Vandyk – Heartlake Limited, in part;
THE TRIBUNAL ORDERS that the appeal of the zoning by-law amendment application in respect of the property municipally known as 10194 Heart Lake Road, Brampton, Ontario (the "Property") is allowed, in part, and the former Zoning By-law 270-2004, as amended, is hereby further amended with respect to the Property in the manner set out in Attachment 1 to this Order. The Tribunal authorizes the municipal clerk to format, as may be necessary, and assign a number to the by-law for record keeping purposes;
AND THE TRIBUNAL FURTHER ORDERS that it may be spoken to in the event of any matter or matters that should arise in connection with the implementation of this Order.
“Matthew D.J. Bryan”
MATTHEW D.J. BRYAN
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.
ATTACHMENT 1
THE CORPORATION OF THE CITY OF BRAMPTON
BY-LAW
Number ___________- 2021
To [amend/appoint/authorize something]
The Ontario Land Tribunal approves as follows:
- By-law 270-2004, as amended, is hereby further amended:
(1) By changing the zoning designation of the lands as shown outlined on Schedule A to this by-law:
From: To: Agricultural (A) Residential Townhouse A – Section 3560 (R3A-3560) Open Space (OS)
(2) By adding the following Section:
“3560 The lands designated R3A-3560 on Schedule A to this by-law:
3560.1 Shall only be used for the following purposes:
(1) a townhouse dwelling
(2) a back to back townhouse dwelling
(3) a stacked townhouse dwelling
(4) a stacked back to back townhouse dwelling
(5) purposes accessory to other permitted purposes
3560.2 Uses permitted under Section R3A-3560.1 shall be subject to the following requirements and restrictions:
(1) Minimum Lot Area: 30,000.00 square metres;
(2) Minimum Front Yard Depth: 2.0 metres to the front wall of a dwelling;
(3) Minimum Interior Side Yard Width: 3.0 metres;
(4) Minimum Rear Yard Depth to an Open Space Zone: 4.0 metres;
(5) Minimum separation between buildings: 12.0 metres, except that a minimum 3.0 metres shall be permitted between end wall of dwellings;
(6) Minimum setback from a Private Street:
a) 3.0 metres from the wall of a dwelling to a private road, except where the building abuts a daylight rounding of a private road, the setback may be reduced to a minimum of 2.0 metres; and
b) 5.4 metres to a garage door opening;
(7) Maximum Building Height: 4 storeys or 16.6 metres, whichever is greater;
(8) Minimum Landscaped Open Space: 30% of the lot area;
(9) A balcony or porch may project into the interior side yard by a maximum of 0.6 metres including eaves and cornices;
(10) Any structures or equipment required for the provision of services by a public or private utility company may be located no less than 2 metres from a public road right-of-way and 1 metre from a private road or dwelling;
(11) Maximum Floor Space Index: 0.85;
(12) Maximum Number of Dwelling Units: 200;
(13) Maximum Building Width: 50.0 metres;
(14) Patios and Amenity Areas: Below grade patios and amenity areas shall be permitted within a required yard.
(15) Minimum Dwelling Unit Width:
a) 5.5 metres for a townhouse dwelling;
b) 4.2 metres for a townhouse dwelling where parking is located at the rear of the building;
c) 5.8 for back to back townhouses, stacked townhouses, and stacked back to back townhouses;
3560.3 All lands zoned R3A-3560 shall be deemed to be one lot for zoning purposes;
3560.4 For the purposes of this Section, Private Street shall mean a private thoroughfare providing primary access to abutting uses, but shall not include a public street, public lane, or private lane.
3560.5 For the purposes of this Section, a Stacked Back to Back Townhouse Dwelling shall mean a building not exceeding four storeys in height, containing a minimum of four attached dwelling units that are divided horizontally and vertically, each with an entrance that is independent or through a common vestibule, with a minimum of four units per block that are attached sharing a common rear wall.
3560.6 Shall also be subject to the requirements and restrictions relating to the R3A zone and all the general provisions of the By-law which are not in conflict with those set out in Section 3560.2, 3560.3, 3560.4, and 3560.5.”
APPROVED BY THE ONTARIO LAND TRIBUNAL ON _, 2021 PURSUANT TO ORDER NO..
(C02E11.022)