du territoire
Ontario Land Tribunal
Tribunal ontarien de l’aménagement
ISSUE DATE:
January 09, 2026
CASE NO(S).:
OLT-25-000158
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Applicant/Appellant:
2723773 Ontario Limited
Subject:
Request to amend the Official Plan – Failure to adopt the requested amendment
Description:
To facilitate the development of 6 townhouse blocks
Reference Number:
OPA D09-2024-005
Property Address:
881-883 Hofland Street
Municipality/UT:
Innisfil/Simcoe
OLT Case No:
OLT-25-000158
OLT Lead Case No:
OLT-25-000158
OLT Case Name:
2723773 Ontario Limited v. Innisfil (Town)
PROCEEDING COMMENCED UNDER section 34(11) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description:
To facilitate the development of 6 townhouse blocks
Reference Number:
ZBA D14-2023-010
Property Address:
881-883 Hofland Street
Municipality/UT:
Innisfil/Simcoe
OLT Case No:
OLT-25-000159
OLT Lead Case No:
OLT-25-000158
OLT Case Name:
2723773 Ontario Limited v. Innisfil (Town)
PROCEEDING COMMENCED UNDER section 51(34) of the Planning Act, R.S.O. 1990, c. P. 13, as amended.
Subject:
Proposed Plan of Subdivision – Failure of Approval Authority to make a decision
Description:
To facilitate the development of 6 townhouse blocks and
Reference Number:
Draft Plan D12-2021-002
Property Address:
881-883 Hofland Street
Municipality/UT:
Innisfil/Simcoe
OLT Case No:
OLT-25-000160
OLT Lead Case No:
OLT-25-000158
OLT Case Name:
2723773 Ontario Limited v. Innisfil (Town)
Heard:
December 18, 2025, by video hearing
APPEARANCES:
Parties
Counsel
2723773 Ontario Limited
Patrick Harrington
Town of Innisfil
Evan Barz
MEMORANDUM OF ORAL DECISION DELIVERED BY D. CHIPMAN ON DECEMBER 18, 2025, AND ORDER OF THE TRIBUNAL
Link to the Order
INTRODUCTION
1This Decision and Order arises from a settlement hearing involving appeals under 22(7), 34(11) and s. 51(34) of the Planning Act, R. S.O. 1990, c. P. 13, as amended, regarding the Town of Innisfil’s (“Town”) failure to issue a decision within the statutory prescribed timeline with respect to applications for an Official Plan Amendment (“OPA”), Zoning By-Law Amendment (“ZBA”) and Draft Plan of Subdivision (“DPS”) concerning the lands located at 881-883 Hofland Street. (“Subject Lands”)
2As a result of successful Tribunal-led mediation the Parties proffered, on consent, planning instruments for the Tribunal consideration at the hearing.
PLANNING EVIDENCE
3The Tribunal received and considered the uncontradicted written and viva voce evidence of Courtney Fish, a Registered Professional Planner, a member of the Ontario Professional Planners Institute and Canadian Institute of Planners.
4Ms. Fish explained that the original proposal was revised from 4 townhouse blocks to 6 townhouse blocks while maintaining the additional twenty-five 25 townhouse units. The Town did not render any decision on this Proposal and the Applicant appealed.
5The proposal before the Tribunal now reflects a settlement-based revision to the appealed concept. Specifically, it introduces semi-detached dwellings along the eastern boundary of the Subject Lands to improve transition to existing homes while ensuring the implementation of a compact built form. The Proposed DPS proposes 16 semi-detached dwelling units, 10 townhouse blocks with a total of 60 townhouse dwelling units, and a portion of a public park block in connection with the adjacent draft approved plan of subdivision.
6Ms. Fish opined that the proposed settlement and revised instruments giving effect thereto, have appropriate regard for matters of provincial interest under s. 2 of the Planning Act and in particular, by optimizing the use of existing land and infrastructure within a settlement area.
7The proposed settlement is consistent with the policies and directives in the Provincial Planning Statement, 2024, by supporting intensification on an underutilized site that is well served by municipal infrastructure.
8Ms. Fish’s opined the proposed settlement conforms to the Lake Simcoe Protection Plan by ensuring that all natural hazard concerns have been addressed through the previous approval process and no new or unique natural hazard issues are created through the proposed development.
9The proposed development conforms with the County of Simcoe Official Plan by supporting policies that create complete communities and ensure growth is logical and supports sustainable growth that aids in achieving growth targets.
10Furthermore, Ms. Fish stated the proposed instruments conform with the Town’s Official Plan by providing an increase to the housing stock in a built form which provides for a mix of housing types and more efficient use of municipally serviced land.
[Planning Act](https://www.canlii.org/en/on/laws/stat/rso-1990-c-p13/latest/rso-1990-c-p13.html) – Section 51 Plans of Subdivision
11Section 51(24) of the Planning Act outlines the criteria for considering a DPS. In her opinion, Ms. Fish stated that the proposed development represents additional housing to complement a complete community that is not premature and of which is suitable for the purpose of eight new semi-detached dwelling units and six blocks of townhouses and represents good planning and is in the public interest.
Proposed Revised Conditions
The Tribunal heard that the draft plan conditions approved by the Town in June 2023 will continue to apply to the entirety of the Proposed DPS, save and except for the removal of Condition #27 to recognize removal of the requirements of Town OP policy 14.3.4 respecting secondary unit accommodations, as requested in the Proposed OPA. This she stated was reasonable and appropriate for the Proposed DPS.
CONCLUSION
12Having accepted the uncontradicted evidence of Courtney Fish, the Tribunal finds that the proposed OPA, ZBA and DPS, are consistent with, conform to, and are in keeping with applicable policies and guidelines of the Province of Ontario and the Town of Innisfil, including:
- the Planning Act;
- the Provincial Planning Statement, 2024;
- the schedules of the Lake Simcoe Protection Plan;
- the County of Simcoe Official Plan;
- the Town of Innisfil Official Plan;
13Based on evidence before it the Tribunal is satisfied that the planning instruments, as revised pursuant to the settlement agreement, meet the required legislative tests, represent good planning, are in the public interest, and warrant approval subject to the conditions agreed to by the Parties as set out in (Attachment 4);
ORDER
14THE TRIBUNAL ORDERS THAT the appeal is allowed, and Official Plan for the Town of Innisfil is hereby amended as set out in included as Attachment “1” to this Order.
15THE TRIBUNAL ORDERS THAT the appeal is allowed, and Zoning By-law is hereby amended as set out in Attachment 2 to this Order.
16THE TRIBUNAL ORDERS THAT the municipal clerk of the Town of Innisfil be authorized to make such numerical and/or editorial changes to Attachments “1” and “2” as is necessary to give effect to this Order and to ensure their implementation.
17THE TRIBUNAL ORDERS THAT the appeal is allowed, and the Draft Plan (Attachment 3) shown on the plan prepared by KLM Planning dated November 25, 2025, comprising PART OF NORTH HALF OF LOT 21, CONCESSION 3 (GEOGRAPHIC TOWNSHIP OF INNISFIL) AND PART OF LOTS 11, 12, 13 AND 14 WEST SIDE OF CENTRE STREET PART OF WILLIAM STREET (CLOSED BY-LAW No. 100. INST. R0434723) REGISTERED PLAN 24, TOWN OF INNISFIL, COUNTY OF SIMCOE is approved subject to the fulfillment of the conditions set out in Attachment 4 to this Order;
18AND THE TRIBUNAL ORDERS THAT pursuant to subsection 51(56.1) of the Planning Act, the Town of Innisfil shall have the authority to clear the conditions of Draft Plan approval and to administer final approval of the plan of subdivision for the purposes of subsection 51(58) of the Planning Act.
19In the event that there are any difficulties implementing any of the conditions of draft plan approval, or if any changes are required to be made to the draft plan, the Tribunal may be spoken to.
“D. Chipman”
D. CHIPMAN
MEMBER
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 4
ATTACHMENT 3