Committee of Adjustment
Comité de dérogation
DECISION
VALIDATION OF TITLE
Date of Decision: January 23, 2026
Panel: 2 - Suburban
File: D08-04-25/T-00001
Application: Validation certificate under section 57 of the Planning Act
Applicant: Ottawa Community Housing Corporation
Property Address: 3405 Uplands Drive, 1 and 60 Finch Private
Ward: 16 - River
Legal Description: Block N, O, P and Q, registered Plan 4M-153 and Part of Lot 5, Concession 2, Rideau Front, as in OT45289
Zoning: R5B H (18)
Zoning By-law: 2008-250
Heard: January 13, 2026, in person and by videoconference
APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATION
1The Applicant is seeking a certificate of validation to correct a title error relating to transfers that contravened section 50 of the Planning Act.
The subject lands comprise the following parcels:
- Block N, Plan 4M-153 (PIN 04059-0119)
- Block O, Plan 4M-153 (PIN 04059-0118)
- Block P, Plan 4M-153 (PIN 04059-0120)
- Block Q, Plan 4M-153, except Plan 4M-588 (PIN 04059-0121)
- Part Lot 5, Concession 2, Rideau Front, as in OT45289 (PIN 04059-0122)
2On December 29, 2003, parcels 1 through 4 above were transferred from City of Ottawa Non-Profit Housing Corporation to the Applicant.
3The inclusion of parcel 4 (PIN 04059-0121) while City of Ottawa Non-Profit Housing Corporation retained ownership of abutting parcel 5 (PIN 04059-0122) contravened the Planning Act.
4On May 3, 2004, parcel 5 (PIN 04059-0122) was also transferred from City of Ottawa Non-Profit Housing Corporation to the Applicant. As the prior transfer of abutting parcel 4 (PIN 04059-0121) was invalid, this transfer also contravened the Planning Act.
5The property is also the subject of current consent applications (D08-01-25/B-00263-264) under the Planning Act.
PUBLIC HEARING
Oral Submissions Summary
6Brian Hebert, agent for the Applicant, and City Planner Elizabeth King were present.
7There were no objections to granting this unopposed application as part of the Panel’s fast-track consent agenda.
DECISION AND REASONS OF THE COMMITTEE:
APPLICATION GRANTED
Application Must Satisfy Statutory Test
8Under the Planning Act, the Committee has the power to issue a certificate of validation if it is satisfied that the application has regard for 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
9Evidence considered by the Committee included the following written submissions held on file with the Secretary-Treasurer and available from the Committee Coordinator upon request:
Application and supporting documents, including cover letter.
City Planning Report received January 8, 2026, with no concerns.
Rideau Valley Conservation Authority email received January 8, 2026, with no objections.
Hydro Ottawa email received January 8, 2026, with no comments.
10The Committee notes that the City’s Planning Report raises “no concerns” regarding the application
11Based on the evidence, the Committee is satisfied that the application has adequate regard for the criteria specified under subsection 51(24) of the Planning Act and is in the public interest.
12THE COMMITTEE OF ADJUSTMENT ORDERS the issuance of a certificate of validation.
"Fabian Poulin" FABIAN POULIN VICE-CHAIR
"Jay Baltz" JAY BALTZ MEMBER
"George Barrett" GEORGE BARRETT MEMBER
"Heather MacLean" HEATHER MACLEAN MEMBER
"Julianne Wright" JULIANNE WRIGHT MEMBER
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