Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: April 27, 2026
CASE NO(S).: OLT-25-000509
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1334281 Ontario Limited
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: To permit a mixed-use development
Reference Number: OPA 23-0004/P
Property Address: 720 Granite Court
Municipality/UT: Pickering/Durham
OLT Case No.: OLT-25-000509
OLT Lead Case No.: OLT-25-000509
OLT Case Name: 1334281 Ontario Limited v. Pickering (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant/Appellant: 1334281 Ontario Limited
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: To permit a mixed-use development
Reference Number: A 10/23
Property Address: 720 Granite Court
Municipality/UT: Pickering/Durham
OLT Case No.: OLT-25-000510
OLT Lead Case No.: OLT-25-000509
OLT Case Name: 1334281 Ontario Limited v. Pickering (City)
Heard: April 20, 2026, in writing
APPEARANCES:
Parties
Counsel
1334281 Ontario Limited ("The Applicant")
Leo Longo
City of Pickering ("City")
J. Mark Joblin Alexandra Whyte
DECISION DELIVERED BY W. DANIEL BEST AND ORDER OF THE TRIBUNAL
Link to Order
INTRODUCTION
1The Tribunal convened a Merit Hearing to consider a settlement regarding an appeal brought forward for the above-noted matter. The Applicant appealed under ss. 22(7) and 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended ("Act"), against the failure of the City to make decisions on Applications for an Official Plan Amendment ("OPA") and a Zoning By-law Amendment ("ZBA") concerning the property municipally known as 720 Granite Court in the City (the "Subject Property").
2The Subject Property is located at the northwest corner of Whites Road South and Granite Court, to the south of Highway No. 401 and within the Westshore Neighbourhood of the City.
3The Subject Property is triangular in shape with an approximate area of 1.19 hectares ("ha"). The Subject Property has a frontage of approximately 169 metres ("m") along Whites Road South and a frontage of approximately 98 m along Granite Court.
4The lands surrounding the Subject Property consists of the following:
To the north is the Metrolinx Rail Corridor, beyond which is Highway No. 401 and employment/industrial lands.
To the east are a Regional Right-of-Way ("ROW"), commercial properties, and detached dwellings north of the commercial properties.
To the south are residential neighbourhoods, parks, schools, and other institutional uses.
To the west is the Metrolinx Rail Corridor, Highway No. 401, and employment/industrial lands beyond which are further residential areas.
5The Subject Property is well-served by transit services including Durham Region Transit bus routes and GO Transit bus routes. These routes provide inter- and intra-Regional and Municipal connections, with connections to various local and regional terminals and other significant places of interest.
6The Applicant originally proposed a residential development comprising 262 units within a twelve-storey apartment building.
7The Settlement Proposal consists of a development of the Subject Property with a nine-storey apartment building, comprised of 252 units. The dwelling units in the proposed apartment building are proposed as follows:
6 Bachelor Units
191 One Bedroom Units
43 Two Bedroom Units
12 Three Bedroom Units
LEGISLATIVE FRAMEWORK
8When considering an appeal of an application to amend an OPA filed pursuant to s. 22 of the Act and an application to amend a ZBA filed pursuant to s. 34 of the Act, the Tribunal must have regard to matters of Provincial interest as set out in s. 2 of the Act and to the Decision of the City Council, and the information it considered by it pursuant to s. 2.1(1) of the Act.
9Section 3(5) of the Act requires that decisions of the Tribunal affecting planning matters be consistent with the Provincial Planning Statement, 2024 ("PPS").
10The Tribunal must also be satisfied the ZBA conforms with the Official Plans in effect.
11Overall, the Tribunal must be satisfied the OPA, ZBA, and Conditions represent good planning and are in the public interest.
SUBMISSIONS AND EVIDENCE
12In support of the proposed settlement, the following Exhibits were filed:
Exhibit 1: Affidavit of Adam Layton received April 7, 2026.
Exhibit 2: Affidavit of William Maria received April 7, 2026.
Exhibit 3: Settlement Materials and Document Book received April 7, 2026.
13Mr. Layton is a registered planner and Associate Principal of a land-use planning consulting firm. Based on his experience and expertise outlined in his curriculum vitae, the Tribunal qualified him to provide opinion evidence as an expert in land-use planning.
14Mr. Maria is a professional engineer and Transportation Planning Lead of an engineering, architecture, and construction services consulting firm. Based on his experience and expertise outlined in his curriculum vitae, the Tribunal qualified him to provide opinion evidence as an expert in transportation planning and traffic engineering.
15Mr. Maria's opinion evidence concluded that the proposed development can be accommodated by the existing and planned transportation network.
16Mr. Layton adopted and relied on Mr. Maria's opinion evidence on transportation planning and traffic engineering matters, including traffic generation, access and circulation, intersection operations and queuing, and road safety considerations related to access design and operations.
17Mr. Layton stated the proposed development has appropriate regard to matters of Provincial interest. Mr. Layton highlighted that the Subject Property:
Is an appropriate location for growth and development.
Is a sufficient size that will result in open spaces, landscaping opportunities and amenity spaces.
That the proposed development represents an orderly development and a compact built form contributing to the diversity of stock of housing within the community. The proposed development includes dwelling units in various configurations, expanding options available to existing and future residents.
Makes effective use of existing municipal infrastructure to provide adequate capacity for servicing; will achieve required water balance targets through stormwater management measures.
That the built form is well designed and includes a pedestrian oriented streetscape that is accessible, attractive, and increases connectivity that will result in improvements to the public realm through the installation of new sidewalks along Whites Road, as well as the widening of existing sidewalks along Granite Court, and the planting of new street trees along Whites Road. New streetscape elements, such as lighting, paving, furniture, and signage, will be incorporated to contribute to the character of the area.
Is a transit supportive built form which transitions to the adjacent community, maintains appropriate setbacks, and is compatible with the adjacent residential and industrial uses.
18Mr. Layton advised the proposed development is consistent with the PPS as the Subject Property is in a strategic growth area ("SGA") and a designated growth area ("DGA"). The proposed development represents a compact built form that optimizes use of urban lands with existing municipal services, is transit supportive, pedestrian-friendly, and provides a mix of housing options that is affordable in comparison to other ground-related housing options.
19As a result of the More Homes Built Faster Act, 2022 ("Bill 23") planning responsibilities were removed the Region of Durham on January 1, 2025. Accordingly, the Durham Region Official Plan ("DROP") has become part of the City Official Plan ("COP").
20Mr. Layton confirmed the proposed development conforms with the policies of the COP contemplating a compact and efficient development supported by full municipal services that will aid in achieving growth and intensification targets. He continued the proposed development integrates within the existing community fabric, is located near several publicly accessible parks, places of worship, and educational facilities, as well as employment opportunities, which can be accessed by future residents by walking or active transportation and is in proximity to existing and proposed public transit.
21Mr. Layton maintained the proposed development conforms to the general intent and purpose of the COP. He continued the Subject Property is located in close proximity to employment and other residential uses, makes use of vacant lands and will facilitate local economic and social interaction between people due to its close proximity with other land uses, and will increase the diversity and density of land uses and activities in Mixed Use, Urban Areas.
22Mr. Layton stated the site-specific zoning provisions are appropriate, the site layout retains overall site functionality, efficient arrangement for parking and servicing, and is supported by existing municipal infrastructure.
23Both Mr. Layton and Mr. Maria adequately addressed the concerns identified by the Participants related to pedestrian safety, quality of life, traffic congestion, planning process, emergency planning, surrounding development activity, history of the Subject Property, community character, and construction management.
SUMMARY
24Mr. Layton opined the Settlement Proposal represents good planning, and the proposed development addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is consistent with the PPS, and conforms with the applicable Official Plans. Mr. Layton recommended the Tribunal approve the OPA and ZBA instruments as presented.
FINDINGS AND DISPOSITION
25The Tribunal accepts the uncontroverted planning opinion evidence of Mr. Layton in its entirety. The Tribunal accepts the transportation planning and traffic engineering opinion evidence of Mr. Maria in its entirety. The Tribunal finds the Settlement Proposal addresses the relevant matters of Provincial interest identified in s. 2 of the Act, is representative of good land use planning, is consistent with the PPS, and conforms with the applicable Official Plans.
ORDER
26THE TRIBUNAL ORDERS THAT the appeals are allowed, in part, and the Official Plan for the City of Pickering is amended as set out in Attachment 1 to this Order.
27THE TRIBUNAL ORDERS THAT the appeals are allowed, in part, and directs the City of Pickering to amend By-law No. 8149/24, as amended, as set out in Attachment 2 to this Order. The Tribunal authorizes the clerk of the City of Pickering to assign a number to this by-law for record keeping purposes.
"W. Daniel Best"
W. DANIEL BEST
MEMBER
Ontario Land Tribunal
Website: www.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
Attachment 2