ASB Greenworld Ltd., 2026 CanLII 45966

DECISION CONSENT/SEVERANCE

Date of Decision: May 15, 2026

Panel: 3 - Rural

Files: D08-01-26/B-00017 & D08-01-26/B-00018

Applications: Consent under section 53 of the Planning Act

Applicant: ASB GREENWORLD LTD.

Property Address: 2515, 2545, and 2595 9th Line Road

Ward: 20 - Osgoode

Legal Description: Part of Lots 19 and 20, Concession 9, former Township of Osgoode

Zoning (By-law 2008-250): RU

Zoning (By-law 2026-50): RU

Heard: May 5, 2026, in person and by videoconference

APPLICANT’S PROPOSAL AND PURPOSE OF THE APPLICATIONS

1The Applicant wants to transfer parts of the properties at 2515, 2545, and 2595 9th Line Road to the neighbour to the north, at 2451 9th Line Road.

2The Applicant seeks the Committee’s consent to sever land. The property is shown on sketches filed with the applications and the separate parcels will be as follows:

Table 1 Proposed Parcels

File No.	Frontage	Depth	Area	Buildings
B-00017	0 m	Irregular	1.77 ha	Vacant (transfer from 2515 9th Line Rd. to 2451 9th Line Rd.)
Retained (B-00017)	134 m	377 m	4.97 ha	Vacant (2515 9th Line Rd.)
B-00018	0 m	Irregular	12.8 ha	Vacant (transfer from 2545 and 2595 9th Line Rd. to 2451 9th Line Rd.)
Retained (B-00018)	473 m	444 m (irregular)	20.5 ha	Multiple agricultural buildings (2545 9th Line Rd.)

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

For the purposes of the transition and continuation provisions of Zoning By-law 2026-50, these applications were deemed complete on April 7, 2026.

PUBLIC HEARING

Oral Submissions Summary

3Devin Rajala and Arjan Soor, agents for the Applicant, responded to the Panel’s questions. Mr. Soor addressed his concerns with condition 1 in the City’s planning report, which would require the transfer of land to the City for a road widening. He argued that a road widening should not be required for the proposed lot line adjustments because no new lot would be created. He highlighted that the condition required a road widening to be transferred from the property at 2451 9th Line Road, which was not the subject of these applications.

4City Planner Elizabeth King answered the Panel’s questions, confirming that the City was maintaining its request for road widenings in this case, as such road widenings are generally required for all consent applications, including lot line adjustments. She did, however, acknowledge that this requirement could be waived for 2451 9th Line Road.

5Following the public hearing, the Committee reserved its decision.

DECISION AND REASONS OF THE COMMITTEE: APPLICATIONS GRANTED

Application(s) Must Satisfy Statutory Tests

6Under 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;

e) if any affordable housing units are being proposed, the suitability of the proposed units for affordable housing;

f) 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;

g) the dimensions and shapes of the proposed lots;

h) 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;

i) conservation of natural resources and flood control;

j) the adequacy of utilities and municipal services;

k) the adequacy of school sites;

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

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

n) 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

7Evidence 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, photo of the posted sign, and a sign posting declaration.
City Planning Report received May 4, 2026, with no concerns; received April 30, 2026, with no concerns.
South Nation Conservation Authority emails dated April 27, 2026, and April 30, 2026, with no objections.
Hydro Ottawa email dated April 28, 2026, with no comments.

Effect of Submissions on Decision

8The Committee considered all written and oral submissions relating to the applications in making its decision and granted the applications.

9The Committee notes that the City’s Planning Report raises “no concerns” regarding the applications, subject to the requested conditions which, except for the road widening, the Applicant’s agent has accepted. The Committee also notes that the City is no longer requesting that the road widening condition apply to 2451 9th Line Road. The Committee finds that, except for of 2451 9th Line Road (Vice-Chair T. Otto dissenting regarding this exception), the requested road widening condition is both reasonable and necessary.

10Based 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.

11The 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.

12Additionally, the Committee is satisfied that a plan of subdivision of the land is not necessary for the proper and orderly development of the municipality.

13Moreover, 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.

14THE COMMITTEE OF ADJUSTMENT ORDERS that the applications are granted and the provisional consent is to be given, subject to the conditions set out in Appendix A to this decision.

“Terence Otto” (with noted dissent) TERENCE OTTO VICE-CHAIR

“Gary Duncan” GARY DUNCAN MEMBER

"Beth Henderson" BETH HENDERSON MEMBER

"Martin Vervoort" MARTIN VERVOORT MEMBER

"Jocelyn Chandler" JOCELYN CHANDLER MEMBER

I certify this is a true copy of the decision of the Ottawa Committee of Adjustment, dated May 15, 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 June 4, 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(S)

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

Pursuant to clause 51 (25) (c) of the Planning Act and Schedule C16 of the City’s Official Plan, the Owner conveys to the City, at no cost to the City, an unencumbered road widening across the complete frontages of 2515 9th Line, 2595 9th Line and, if required, 2545 9th Line, measuring 13 meters from the existing centerline of pavement/the abutting right-of-way. The exact widening must be determined by legal survey. The Owner shall provide a reference plan for registration, indicating the widening, 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 widening.

The Committee shall be provided with written confirmation from City Legal Services that the transfer of the widening to the City has been registered. All costs shall be borne by the Owner.

Should the widening be encumbered by a fence, the Owner must file a written acknowledgement that they are solely responsible for the maintenance repair and any liability associated with the fence remaining and shall be responsible for its removal should the City require the use of the lands containing the encumbrance for road related works. The Owner further agrees to notify any subsequent purchasers of same. This shall be to the satisfaction of the City Legal Services.

That the Owner(s) provide proof, to the satisfaction of the Manager of Development Review All Wards Branch within Planning, Development and Building Services Department, or their designate, that each existing parcel has its own well, independent private sewage system, and storm/foundation drainage and that they do not cross the proposed severance line. If the systems do cross, are not independent, or do not meet the minimum spacing requirements of the Ministry of the Environment, Conservation and Parks, Ontario Building Code, and City of Ottawa Hydrogeological and Terrain Analysis Guidelines, the Owner(s) will be required, at their own cost, to relocate the existing systems or construct new systems.
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 property is located next to lands that have an existing source of environmental noise (collector road) and may therefore be subject to noise and other activities associated with that 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.

That the Owner(s) submit to the Committee a copy of a deposited reference plan that conforms substantially to the draft reference plan or sketch submitted with the application(s), to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate. The frontage and area of the severed land must be indicated on the plan or in a surveyor’s certificate.
That the Owner(s) submit a request for municipal addresses for each parcel, including a copy of the deposited reference plan and any relevant development information, 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.
Once all the above conditions have been fulfilled, that the Owner(s) have an Ontario lawyer in good standing submit the following to the satisfaction of the Secretary-Treasurer of the Committee of Adjustment or their designate:

a. A draft Certificate of Official indicating the type of transaction(s) for which provisional consent is given and including a full description of the land that is the subject of the consent. The certificate shall state that Subsection 50(3) or 50(5) of the Planning Act applies to any subsequent conveyance of or transaction involving the parcel of land that is the subject of the consent.

b. A copy of the “electronic registration in preparation documents” for the transactions(s) for which provisional consent is given.

c. An undertaking that the severed lands will be merged with the abutting property to the north, at 2451 9th Line Road, including an explanation of how this merger will occur. If the severed lands and the abutting property cannot merge in title under the Planning Act, an undertaking to file an Application to Consolidate Parcels or an Application to Annex Restrictive Covenant under the Land Titles Act may be required to ensure that neither parcel may be conveyed separately in the future without the consent of the Committee of Adjustment.