Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 02, 2026
CASE NO.: OLT-24-000477
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fengate Homestead Holdings Inc. LP
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit the development of a five building industrial subdivision
Reference Number: UHOPA-22-008
Property Address: 3054 Homestead Drive, 9166 & 9174 Airport Road
Municipality: City of Hamilton
OLT Case No.: OLT-24-000477
OLT Lead Case No.: OLT-24-000477
OLT Case Name: Fengate Homestead Holdings Inc. LP v. Hamilton (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fengate Homestead Holdings Inc. LP
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit the development of a five building industrial subdivision
Reference Number: ZAC-22-017
Property Address: 3054 Homestead Drive, 9166 & 9174 Airport Road
Municipality: City of Hamilton
OLT Case No.: OLT-24-000477
OLT Lead Case No.: OLT-24-000477
PROCEEDING COMMENCED UNDER subsection 51(34) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Fengate Homestead Holdings Inc. LP
Subject: Proposed Plan of Subdivision – Refusal or neglect to make a decision
Description: To permit the development of a five building industrial subdivision
Reference Number: 25T-202202
Property Address: 3054 Homestead Drive, 9166 & 9174 Airport Road
Municipality: City of Hamilton
OLT Case No.: OLT-24-000477
OLT Lead Case No.: OLT-24-000477
BEFORE:
S. deBoer MEMBER
Friday, the 2nd day of January, 2026
THIS MATTER, having come before the Ontario Land Tribunal (the “Tribunal”) for a merit hearing on May 20-23, 2025, and the Tribunal, having considered the evidence;
AND THE TRIBUNAL having heard the viva voce evidence of Mr. Matthew Johnston MCIP, RPP, in the area of land use planning, Andrew Fata P. Eng in the field of water resource engineering, and Ms. Olivia Robinson M.Env.Sc., CERP, in the area of ecology, in support of the proposed development for the subject property, including the proposed Official Plan Amendment, Zoning By-law Amendment and Draft Plan of Subdivision;
AND THE TRIBUNAL having ordered that the appeal be is allowed and the Official Plan for the City of Hamilton be amended as set out in Attachment 1 to the Interim Order.
AND THE TRIBUNAL having ordered that the appeal be allowed and the City of Hamilton Zoning By-law No. 05-200 be amended as set out in Attachment 2 to the Interim Order.
AND THE TRIBUNAL having ordered that the the appeal be allowed, on an interim basis, and the Draft Plan of Subdivision prepared by Urban Solutions Planning & Land Development dated January 23, 2025, comprising 3054 Homestead Drive, 9174 & 9176 Airport Road West in the City of Hamilton as shown in Attachment 3 be approved in principle, subject to the Tribunal’s review of a finalized set of Draft Plan Conditions.
AND THE TRIBUNAL having been advised on the consent of the parties that the Draft Plan Conditions have been finalized.
THE TRIBUNAL ORDERS THAT:
The Draft Plan of Subdivision prepared by Urban Solutions Planning & Land Development dated January 23, 2025 and attached to this order as Attachment 3 is approved.
The Draft Plan conditions attached to this order as Attachment 4 are approved.
The Tribunal orders upon the consent of the parties and pursuant to subsection 51(56.1) of the Planning Act, the City of Hamilton shall have the authority to clear the conditions of Draft Plan of Subdivision for the purposes of subsection 51(58) of the Act.
In the event that there are any difficulties implementing any of the conditions of draft approval, or if any changes are required to be made to the Draft Plan, the Tribunal may be spoken to.
“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 3”
Draft Plan of Subdivision
“Attachment 4”
Draft Plan Conditions