Dale Capital Holdings Inc., 2026 CanLII 34856

Committee of Adjustment / Comité de dérogation

DECISION CONSENT/SEVERANCE

Date of Decision: April 17, 2026

Panel: 3 - Rural

Files: D08-01-26/B-00012 to D08-01-26/B-00014

Applications: Consent under section 53 of the Planning Act

Applicant: Dale Capital Holdings Inc.

Property Address: 96 Jessie Street, 99 and 130 Bonnie Lane

Ward: 5 - West Carleton-March

Legal Description: Part of Lots 11, 12, 13, 26, 28 and 29, Registered Plan 82, Geographic Township of West Carleton

Zoning By-law: 2008-250 2026-50

Zoning: AG, RR14, RR15, RC AG, RR14, RR15, RC

Heard: April 7, 2026, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The Applicant wants to subdivide the property into four parcels of land to create three new lots for future residential development.

CONSENT REQUIRED

2The Applicant seeks the Committee’s consent to sever land. The property is shown as Parts 3, 4-6, 7, 21, 33-35 on Registered Plan 5R-9873, Part 1 on a draft 4R-plan and as Lots A, B, and C on a sketch plan filed with the applications and the separate parcels will be as follows:

Table 1 Proposed Parcels

File No.	Frontage	Depth	Area	Part No.	Building
B-00012	30.14 m	Irregular	1.79 ha	Part 35 on Plan 5R-9873 save and except Part 1 on draft 4R-plan Lot A on Sketch	Vacant Lot
B-00013	30.14 m	Irregular	1.47 ha	Part 1 on draft 4R-plan Lot B on Sketch	Vacant Lot
B-00014	49.0 m	Irregular	3.37 has	Parts 4-6, 21 and 33 on Plan 5R-9873 Lot C on Sketch	Vacant Lot (99 Bonnie Lane)
Retained	32.36 m	Irregular	6.11 ha	Parts 3, 7, and 34 on Plan 5R-9873 ‘Retained’ on Sketch	Vacant Lot (130 Bonnie Lane)

3The property is not the subject of any other current application under the Planning Act.

4For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, these applications were deemed to be complete on February 4, 2026.

PUBLIC HEARING

Oral Submissions Summary

5Evan Saunders, agent for the Applicant, provided an overview of the applications. Mr. Saunders noted that the reference in the applications to Parts 8 to 13 and 16 to 20 should be deleted, since the strip of land identified by those Parts did not form part of the subject property. With all parties in agreement, the applications were amended accordingly.

6The Committee also heard oral submissions from the following individual:

• J. Dickie, resident, highlighted concerns regarding the history of droughts in the area, specifically a severe drought in 2025 that caused many wells to run dry. Noting that high temperatures and drought events were expected to continue, she submitted that any approval of new development in this water-stressed area would be harmful to existing residents.

7In response to the concerns raised by Ms. Dickie, Mr. Saunders noted that a condition of provisional consent would require proof of the quality and quantity of the groundwater, to ensure adequate supply for the development of the site.

8City Planner Wendy Yang confirmed that the City’s requested conditions included a requirement for a hydrogeological and terrain analysis report demonstrating the adequacy of the aquifer and, if this could not be demonstrated, the condition would not be cleared and the proposal could not proceed.

9Following the public hearing, the Committee reserved its decision.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED, AS AMENDED

Applications Must Satisfy Statutory Tests

10Under the Planning Act, the Committee has the power to grant a consent if it is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality. Also, the Committee must be satisfied that an application is consistent with the Provincial Planning Statement, 2024, and has regard for matters of provincial interest under section 2 of the Act, as well as the following criteria set out in subsection 51(24):

Criteria

(24) In considering a draft plan of subdivision, regard shall be had, among other matters, to the health, safety, convenience, accessibility for persons with disabilities and welfare of the present and future inhabitants of the municipality and to,

a) the effect of development of the proposed subdivision on matters of provincial interest as referred to in section 2;

b) whether the proposed subdivision is premature or in the public interest;

c) whether the plan conforms to the official plan and adjacent plans of subdivision, if any;

d) the suitability of the land for the purposes for which it is to be subdivided;

d.1) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

e) the number, width, location and proposed grades and elevations of highways, and the adequacy of them, and the highways linking the highways in the proposed subdivision with the established highway system in the vicinity and the adequacy of them;

f) the dimensions and shapes of the proposed lots;

g) the restrictions or proposed restrictions, if any, on the land proposed to be subdivided or the buildings and structures proposed to be erected on it and the restrictions, if any, on adjoining land;

h) conservation of natural resources and flood control;

i) the adequacy of utilities and municipal services;

j) the adequacy of school sites;

k) the area of land, if any, within the proposed subdivision that, exclusive of highways, is to be conveyed or dedicated for public purposes;

l) the extent to which the plan’s design optimizes the available supply, means of supplying, efficient use and conservation of energy; and

m) the interrelationship between the design of the proposed plan of subdivision and site plan control matters relating to any development on the land, if the land is also located within a site plan control area designated under subsection 41 (2) of this Act or subsection 114 (2) of the City of Toronto Act, 2006. 1994, c. 23, s. 30; 2001, c. 32, s. 31 (2); 2006, c. 23, s. 22 (3, 4); 2016, c. 25, Sched. 4, s. 8 (2).

Evidence

11Evidence considered by the Committee included all oral submissions made at the hearing, as highlighted above, and the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:

• Applications and supporting documents, including cover letter, plans, tree information, parcel abstracts and registered transfers, preliminary slope stability assessment, photo of the posted sign, and a sign posting declaration.
• City Planning Report received February 26, 2026, with no concerns; received April 2, 2026, with no concerns.
• Mississippi Valley Conservation Authority email received February 24, 2026, with comments; received April 1, 2026, with comments.
• Ottawa Septic System Office email received February 24, 2026, with no objections; received March 30, 2026, with no objections.
• Hydro Ottawa email received February 25, 2025, with no comments; received April 2, 2026, with no comments.
• G. Montag, resident, email received February 25, 2026, with concerns.
• D. and L. Pepin, residents, email received March 2, 2026, with comments.

Effect of Submissions on Decision

12The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications, as amended.

13The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications subject to the requested conditions agreed to by the Applicant’s agent.

14The Committee also notes the concerns raised regarding the hydrogeological sensitivity of this area and the impacts of a recent drought on area residents and agrees that the adequacy of the aquifer to support development must be verified by a qualified geoscientist or engineer through the submission of a hydrogeological and terrain analysis report. The Committee further notes that, if the conclusions of the report are not satisfactory to the City, the severance will not be permitted to proceed.

15Based on the evidence, the Committee is satisfied that the proposal is consistent with the Provincial Planning Statement, 2024, that promotes building homes, sustaining strong communities; providing infrastructure and public service facilities in an efficient manner while accommodating projected needs; the wise use and management of resources; and, protecting public health and safety.

16The Committee is also satisfied that the proposal has adequate regard to matters of provincial interest, including the orderly development of safe and healthy communities; the appropriate location of growth and development; and the protection of public health and safety.

17Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

18Moreover, the Committee is satisfied that the proposal has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.

19THE COMMITTEE OF ADJUSTMENT ORDERS that the applications are granted, as amended, and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.

"Terence Otto" TERENCE OTTO VICE-CHAIR

"Gary Duncan" GARY DUNCAN MEMBER

"Beth Henderson" BETH HENDERSON MEMBER

"Martin Vervoort" MARTIN VERVOORT ACTING PANEL CHAIR

“Jocelyn Chandler” JOCELYN CHANDLER MEMBER

I certify this is a true copy of the decision of the Ottawa Committee of Adjustment, dated April 17, 2026. “Michel Bellemare” MICHEL BELLEMARE SECRETARY-TREASURER

NOTICE OF RIGHT TO APPEAL

To appeal this decision to the Ontario Land Tribunal (OLT), a completed appeal form and the filing fee must be submitted via one of the below options and must be received no later than 3:00 p.m. on May 7, 2026.

• OLT E-FILE SERVICE – An appeal can be filed online through the E-File Portal. First-time users will need to register for a My Ontario Account. Select [Ottawa (City): Committee of Adjustment] as the Approval Authority. To complete the appeal, fill in all the required fields and provide the filing fee by credit card.
• BY EMAIL - Appeal packages can be submitted by email to cofa@ottawa.ca. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. Please indicate on the appeal form that payment will be made by credit card.
• IN PERSON – Appeal packages can be delivered to the Secretary-Treasurer, Committee of Adjustment, 101 Centrepointe Drive, 4th floor, Ottawa, Ontario, K2G 5K7. The appeal form is available on the OLT website at Forms | Ontario Land Tribunal. In person payment can be made by certified cheque or money order made payable to the Ontario Minister of Finance, or by credit card. Please indicate on the appeal form if you wish to pay by credit card.

Please note only one of the above options needs to be completed. If your preferred method of appeal is not available at the time of filing, the appeal must be filed with one of the other two options.

The Ontario Land Tribunal has established a filing fee of $400.00 per type of application with an additional filing fee of $25.00 for each secondary application.

Only the applicant, the Minister or a specified person or public body that has an interest in the matter may appeal the decision to the Ontario Land Tribunal. A “specified person” does not include an individual or a community association.

There are no provisions for the Committee of Adjustment or the Ontario Land Tribunal to extend the statutory deadline to file an appeal. If the deadline is not met, the OLT does not have the authority to hold a hearing to consider your appeal.

If you have any questions about the appeal process, please visit File an Appeal | Ontario Land Tribunal

NOTICE TO APPLICANT

Should a Development Agreement be required, such request should be initiated 30 working days prior to lapsing date of the consent and should include all required documentation including that related to transfers, easements, and postponements, and all approved technical studies. If you do not fulfill the conditions of provisional consent within the two-year period, the Planning Act provides that your application “shall be deemed to be refused”.

Ce document est également offert en français.

Committee of Adjustment City of Ottawa Ottawa.ca/CommitteeofAdjustment cofa@ottawa.ca 613-580-2436

Comité de dérogation Ville d’Ottawa Ottawa.ca/Comitedederogation cded@ottawa.ca 613-580-2436

APPENDIX A

1. That the Owner(s) submit a request for municipal addresses for each parcel, as required, to be assigned by the City, to the satisfaction of the Chief Building Official, or their designate. Confirmation of the assigned municipal addresses shall be provided in writing from Municipal Addressing, Building Code Services, to the Committee.

2. That the Owner(s) provide a Hydrogeological and Terrain Analysis report, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. The report shall be prepared by a licensed Professional Geoscientist (P.Geo.) or Professional Engineer (P.Eng.) and be in accordance with the City of Ottawa's council-approved Hydrogeological and Terrain Analysis Guidelines (March, 2021), as amended. The reporting must provide sufficient information with the application to demonstrate:

a. That sufficient quantity of groundwater exists on the site to service the development,

b. That the quality of the groundwater meets or exceeds the drinking water standards and guidelines referenced in the City's council-approved Hydrogeological and Terrain Analysis Guidelines (March, 2021), as amended, and

c. That the operation of sewage systems on the lots will not adversely impact on wells to be constructed or on the wells of neighboring properties.

Where groundwater water quantity or quality are considered marginal, as many as one test well per lot may be required to demonstrate the adequacy of the aquifer to support the proposed development. Technical Pre-Consultation with the City's Hydrogeological staff is highly recommended for sites where quantity or quality are marginal, where dug wells are contemplated, or where the site is likely to be hydrogeologically sensitive.

If the accepted report recommends specific mitigation measures or design requirements, the Owner(s) shall enter into a Development Agreement with the City, at the expense of the Owner(s), to include those recommendations and such agreement shall be registered on title. In instances where the subject site is hydrogeologically sensitive, the drilling of a well and/or the conveyance of a 30-centimetre reserve may be required to ensure that the measures are implemented in accordance with the recommendations of the approved hydrogeological reporting. Both the report and any required Development Agreement shall be prepared to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate.

3. That the Owner(s) enter into an Agreement with the City, at the expense of the Owner(s), which is to be registered on title to deal with the following covenant/notice that shall run with the land and bind future owners on subsequent transfers:

“The City of Ottawa does not guarantee the quality or quantity of the groundwater. If, at some future date, the quality or the quantity of the groundwater becomes deficient, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”

The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

4. That the Owner provide a Slope Stability Analysis to be informed by a Fluvial Geomorphological investigation, prepared by a Professional Civil Engineer or professional geoscientist, licensed in the Province of Ontario, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, and addressing all technical comments provided by Mississippi River Conservation Authority.

The Owner(s) shall enter into a Development Agreement with the City, at the expense of the Owner(s) and to the satisfaction of the Manager of the Development Review All Wards Branch, to be registered on title, to implement recommendations from the Slope Stability Analysis.

The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

5. The Owner(s) shall prepare a Noise Control and Vibration Impact Study, in compliance with the City of Ottawa Environmental Noise Control Guidelines and Guidelines for New Development in Proximity to Railway Operations, as amended, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate. The Owner(s) shall enter into an agreement with the City, at the expense of the Owner(s), that requires the Owner(s) to not place any residential building within the greater of 30 metres of a railway right-of-way or otherwise recommended through the Noise Control and Vibration Impact Study. The agreement shall also require implementation of any noise control attenuation or vibration mitigation measures recommended in the approved study. The Agreement shall also deal with any covenants/notices, recommended in the approved study, that shall run with the land and bind future owners on subsequent transfers, warning purchasers and/or tenants of expected noise or vibration levels due to the existing source of environmental noise (railway). The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

6. That the Owner(s) enter into an Agreement with the City, at the expense of the Owner(s), which is to be registered on title to deal with the following covenant/notice that shall run with the land and bind future owners on subsequent transfers:

“The property is located next to lands that have an active railway line now, or may have one in the future, and may therefore be subjected to noise, vibration, and other activities associated with this use.”

The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

7. That the Owner(s) enter into an Agreement with the City, at the expense of the Owner(s), which is to be registered on title to deal with the following covenant/notice that shall run with the land and bind future owners on subsequent transfers:

“The City of Ottawa has identified that there are potential sensitive marine clay soils within the area that may require site specific detailed geotechnical engineering solutions to allow for development, the City of Ottawa bears no responsibility, financial or otherwise, to provide solutions to the deficiency, such solutions being the sole responsibility of the homeowner.”

The Committee shall be provided a copy of the Agreement and written confirmation from City Legal Services that it has been registered on title.

8. The Owner must convey to the City, at no cost to the City, an unencumbered corner sight triangle measuring 3 metres by 9 metres, at the intersection of Jessie Street and Thomas A. Dolan Parkway. (Local road to collector road – 3 metres on the local x 9 metres on the arterial). The corner sight triangle must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the corner sight triangle, to the City Surveyor for review and approval prior to its deposit in the Land Registry Office. Such reference plan must be tied to the Horizontal Control Network in accordance with the municipal requirements and guidelines for referencing legal surveys. The Owner(s) must provide to the City Surveyor a copy of the Committee of Adjustment Decision and a draft Reference Plan that sets out the required corner sight triangle. The Committee shall be provided written confirmation from City Legal Services that the transfer of the corner sight triangle to the City has been registered. All costs shall be borne by the Owner.

9. That the Owner(s) file with the Committee a copy of the registered Reference Plan prepared by an Ontario Land Surveyor registered in the Province of Ontario, and signed by the Registrar, confirming the frontage and area of the severed land. If the Registered Plan does not indicate the lot area, a letter from the Surveyor confirming the area is required. The Registered Reference Plan must conform substantially to the Draft Reference Plan filed with the Applications for Consent to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.

10. That upon completion of the above conditions, and within the two-year period outlined above, the Owner(s) file with the Committee, the “electronic registration in preparation documents” for the conveyances for which the consent is required to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate.