Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: March 09, 2026
CASE NO.: OLT- 24-000495
PROCEEDING COMMENCED UNDER subsection 34(19) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Halls-Lake Ridge Limited Partnership
Subject: Application to amend the Zoning By-law –
Description: To permit the rezoning of the subject property from Third Density Residential (R3) Zone and Agricultural (A) Zone to Prestige Employment (PE) Zone
Reference Number: DEV-24-23 (Z-08-23), By-law #8063-24
Property Address: 1650 Halls Road North
Municipality/UT: Whitby/Durham
OLT Case No.: OLT-24-000495
OLT Case Name: Halls-Lake Ridge Limited Partnership v. Whitby (City)
BEFORE:
ERIC S. CROWE
Friday, the 6^th^
MEMBER
day of March, 2026
THIS MATTER, arises from an appeal brought by Halls-Lake Ridge Limited Partnership pursuant to s. 34(19) of the Planning Act of the Zoning By-law Amendment (ZBLA) for the property municipally addressed as 1650 Halls Road North (Subject Property) in the Town of Whitby (Town), having come from the first Case Management Conference on August 15, 2024;
THE TRIBUNAL having been advised by Halls-Lake Ridge Limited Partnership, Town, Region of Durham (Region) and NRD Dundas Limited (NRD) (Parties) that a full uncontested settlement had been reached, on consent for the subject property;
AND THE TRIBUNAL, having received and considered:
i. A comprehensive Affidavit, sworn on February 27, 2026 by Scott Waterhouse, a Registered Professional Planner and full member of the Canadian Institute of Planners (Exhibit 1);
AND THE TRIBUNAL having accepted the uncontradicted expert land use planning opinion evidence of Scott Waterhouse;
AND THE TRIBUNAL having been advised that the Parties consent to allow the appeal in part to amendments to the Town Zoning By-law (ZBL) No. No. 8063-24 as set out in Attachment 1;
AND THE TRIBUNAL having been advised that the Appellant applied for a ZBLA to amend the Town’s ZBL with respect to the Subject Property in order to facilitate the development of a single distribution warehouse centre, with a gross floor area of approximately 51,000 square metres and ancillary office space. The Application proposed to, amongst other things, rezone the majority of the Subject Property from “A” Agricultural Zone and “R3” Residential Type 3 Zone, to “PE-3” Prestige Employment Exception 3 Zone, which would also bring these lands into conformity with the applicable “Prestige Employment” and “Prestige Industrial” designations of the Town OP and West Whitby SP, respectively.
AND THE TRIBUANL having been advised by Mr. Waterhouse who opines, the Settlement and Revised ZBLA have regard for the matters of provincial interest set out in section 2 of the Planning Act, are consistent with the Provincial Planning Statement, 2024, conform to both the 2020 and 2024 versions of the Durham Regional Official Plan and the Town of Whitby Official Plan and the West Whitby Secondary Plan, and will implement the objectives and policies of the Town of Whitby Official Plan and West Whitby Secondary Plan to facilitate much needed employment use and development. The Revised ZBLA will permit the intended employment related development of the Subject Property and includes appropriate performance standards and represents good planning.
AND THE TRIBUNAL having been advised by Mr. Waterhouse who opines, the Revised ZBLA will implement the ‘Prestige Industrial’ policies of the Town’s Official Plan and the West Whitby Secondary Plan. The Revised ZBLA includes appropriate provisions and standards with respect to the 15-metre parcel being conveyed to the Town to ensure the appropriate development of the Subject Property for employment uses.
AND THE TRIBUNAL having been advised that the Parties are jointly requesting the appeal be allowed in part and the settlement proposes that Halls-Lake Ridge Limited Partnership will convey a 15-metre-wide strip along the northern boundary of the Subject Property to the Town, which will facilitate and form part of a future alternative access to Lake Ridge Road. Minor revisions to the proposed development and zoning by-law are required to facilitate this conveyance.
AND THE TRIBUNAL finding that the revised ZBLA included at Attachment 1 is appropriate and desirable from a land use planning perspective, has regard for matters of provincial interest in section 2 of the Planning Act, is consistent with the policy framework expressed in the Provincial Planning Statement (2024), and conforms with the relevant policies of the Region OP, the Town OP and the West Whitby SP. The Tribunal also finds that the revised Zoning By-law Amendment would allow for the orderly development of land, represents good planning, and is in the public interest.
NOW THEREFORE THE TRIBUNAL ORDERS
The appeal of the Zoning By-law Amendment application is allowed in part;
The amendment to the Town of Whitby Zoning By-law No. 8063-24 filed as Exhibit “R” to the Affidavit of Scott Waterhouse and attached hereto as Attachment 1 is approved; and
That the Tribunal may be spoken to in the event some matter 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