Bilal v. Hamilton (City), 2026 CanLII 16279

Tribunal ontarien de l’aménagement du territoire

ISSUE DATE: February 19, 2026

CASE NO.: OLT-23-000678

PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Ahmed Bilal

Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision

Description: To permit the demolition of one dwelling, construction of one dwelling and the creation of four new residential lots

Reference Number: ZAC-21-027

Property Address: 140 and 164 Sulphur Springs Road

Municipality/UT: City of Hamilton

OLT Case No.: OLT-23-000678

OLT Lead Case No.: OLT-23-000678

OLT Case Name: Bilal v. Hamilton (City)

BEFORE:

Thursday, the 19th day of February, 2026

THESE MATTERS having come before the Tribunal on a settlement between Ahmed Bilal and the City of Hamilton, which settlement was heard on August 19, 2024;

AND THE TRIBUNAL issued a written decision and order, dated August 22, 2024 (the “Order”), allowing the appeals in part, in accordance with the settlement;

AND THE TRIBUNAL has received a request from the Parties, on consent, that the Tribunal vary the Order so as to implement the revised ZBA;

THE TRIBUNAL ORDERS that the Order is hereby varied by replacing Attachment 1 of the Order with the revised Attachment 1, attached hereto as Appendix 1;

AND THE TRIBUNAL FURTHER ORDERS that except as set out herein, the Order shall remain unchanged;

AND THE TRIBUNAL FURTHER ORDERS that in the event there are issues arising from the implementation of this Order, the Tribunal may be spoken to.

“Matthew D.J. Bryan”

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.

APPENDIX 1

CITY OF HAMILTON

BY-LAW NO.

To amend Zoning By-law No. 05-200 with respect to lands located at 140 and 164 Sulphur Springs Road, Ancaster

WHEREAS the Ontario Land Tribunal, in its Decision/Order for Case No. OLT-23-000678 dated the day of 2025 approved the amendment to Zoning By-law No. 05-200 (Ancaster), as herein provided;

AND WHEREAS this By-law conforms to the Urban Hamilton Official Plan;

NOW THEREFORE the Ontario Land Tribunal enacts as follows:

That Map Nos. 1174 and 1228 of Schedule “A” – Zoning Maps is amended by adding the Conservation/Hazard Land (P5) Zone and Low Density Residential – Large Lot (R2, 941) Zone for the lands located at 140 and 164 Sulphur Springs Road, the extent and boundaries of which are shown on Schedule “A” to this By-law.
That Schedule “C” – Special Exceptions of Zoning By-law No. 05-200, is amended by adding the following new Special Exception:

“941. Within the lands zoned Low Density Residential – Large Lot (R2, 941) Zone, identified on Map Nos. 1174 and 1228 and described as 140 and 164 Sulphur Springs Road, the following special provisions shall apply:

a) Notwithstanding Section 4.23 d), the following special provision shall apply to Block “2” as shown on Figure 45 of Schedule “F” – Special Figures:

i) All buildings or structures located on a property shall have a minimum setback of 7.5 metres from a P5 zone boundary, except for those boundaries indicated in accordance with Figure 45 of Schedule “F” – Special Figures.

b) That notwithstanding Section 15.3.1, only the following uses shall be permitted:

Community Garden Duplex Dwelling

Single Detached Dwelling Urban Farm

To amend Zoning By-law No. 05-200 with respect to lands located at 140 and 164 Sulphur Springs Road, Ancaster

That Schedule “F” – Special Figures is amended by adding Figure 45 attached hereto as Schedule “B”.
That no building or structure shall be erected, altered, extended, or enlarged, nor shall any building or structure or part thereof be used, nor shall any land be used, except in accordance with the provisions of the Conservation/Hazard Land (P5) Zone and Low Density Residential – Large Lot (R2, 941) Zone, subject to the special requirements referred to in Section No. 2 of this By-law.
That the Clerk is hereby authorized and directed to proceed with the giving of notice of the passing of this By-law in accordance with the Planning Act.

PASSED this , 2025

A. Horwath

M. Trennum

Mayor

City Clerk

ZAC-21-027