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|Local Planning Appeal Tribunal | |

|Tribunal d’appel de l’aménagement local | |

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|ISSUE DATE: |November 07, 2018 |CASE NO(S).: |PL171345 |

| | | |PL180098 |

|The Ontario Municipal Board (the “OMB”) is continued under the name Local Planning Appeal Tribunal (the “Tribunal”), and any reference to the |

|Ontario Municipal Board or Board in any publication of the Tribunal is deemed to be a reference to the Tribunal. |

|PROCEEDING COMMENCED UNDER subsection 45(12) of the Planning Act, R.S.O. 1990, |

|c. P.13, as amended |

|Applicant and Appellant: |Investors Group Trust Co. Ltd. |

|Subject: |Minor Variance |

|Variance from By-law No.: |270-2004 |

|Property Address/Description: |285, 289, 291, 293 & 295 Queen Street East |

|Municipality: |City of Brampton |

|Municipal File No.: |A17-201 |

|OMB Case No.: |PL171345 |

|OMB File No.: |PL171345 |

|OMB Case Name: |Investors Group Trust Co. Ltd. v. Brampton (City) |

|PROCEEDING COMMENCED UNDER subsection 38(4) of the Planning Act, R.S.O. 1990, |

|c. P.13, as amended |

|Appellant: |Investors Group Trust Co. Ltd. |

|Subject: |Interim Control By-law No. 246-2017 |

|Municipality: |City of Brampton |

|OMB Case No.: |PL180098 |

|OMB File No.: |PL180098 |

|OMB Case Name: |Investors Group Trust Co. Ltd. v. Brampton (City) |

|Heard: |October 4, 2018, in Brampton, Ontario |

|APPEARANCES: | |

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|Parties |Counsel |

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|Investors Group Trust Co. Ltd. |P. Duffy and J. Cheng |

|City of Brampton |M. Rea |

MEMORANDUM OF ORAL DECISION DELIVERED BY C.J. BRYSON ON OCTOBER 4, 2018 AND ORDER OF THE TRIBUNAL

INTRODUCTION

1] This was the first pre-hearing conference (”PHC”) regarding the appeals of Investors Group Trust Co. Ltd. (“Appellant” and “Applicant”) from the denial of its variance application to the Committee of Adjustment (“CoA”) for the City of Brampton (“City”) and the City’s Interim Control By-law No. 246-2017 (“ICBL”).

2] The Appellant sought to vary the City’s Zoning By-law No. 270-2004 (“ZBL”) in regard to permitted uses, certain setbacks and other permissions to allow for the establishment of a home improvement and building supply store at 285, 289, 291, 293 and 295 Queen Street East, Brampton Ontario (“Property”). Shortly before the variance application hearing, the City passed the ICBL to allow for study of potential prohibited uses within an identified Urban Growth Centre, which includes but is not limited to the Property.

3] At the PHC, a request was made on consent of the parties to have the appeals scheduled and heard together. Upon the Tribunal’s agreement to these requests, the parties provided the Tribunal with a draft procedural order, which is attached as Appendix 1 to this decision, and hearing dates were set.

4] The Appellant then took opportunity to inform the Tribunal that the ICBL was recently extended pursuant to s. 38(2) of the Planning Act (“Act”) and that a further appeal in that regard will be filed with the Tribunal in the coming weeks. The Appellant and the City agreed that this future appeal of the ICBL extension by-law will not require different evidence or further hearing time than engaged by the within appeals of the variance application denial and the ICBL. The parties queried of the Tribunal whether an appeal of the ICBL extension by-law could be heard together with the variance application denial and ICBL appeals on the scheduled dates.

5] By reason of the timing of any ICBL extension by-law appeal, it would be subject to the new timeline requirements arising out of the coming into force of the Bill 139 amendments to the Act. Any ICBL extension by-law appeal must be heard and determined within six (6) months of its established commencement date, which would necessarily take place ahead of the scheduled hearing dates for the within variance application denial and ICBL appeals.

6] Accordingly, the Tribunal advised the parties to notify the case coordinator for the within appeals of the appeal of the ICBL extension by-law upon its filing with the Tribunal. The Tribunal may then address any related hearing together and scheduling requests, upon submissions of the parties. For convenience of the parties, this panel will remained seized of the within appeals’ case management, to be spoken to as may be required.

ORDER

7] The Tribunal orders the within appeals be heard together, at the same time.

8] The Tribunal orders a three day hearing of the within appeals to commence on Wednesday, July 3, 2019 at 10 a.m. for disposition of all issues, to be held at:

City Hall

West Tower, Training Room 2A

41 George Street South

Brampton, ON L6Y 2E1

9] There will be no further notice of the scheduled hearing.

10] This panel remains seized to be spoken to regarding any requested hearing together of the appeal of the ICBL extension by-law with the within appeals, related scheduling requests, and any further case management matters. .

11] This panel is not seized of the scheduled variance denial and ICBL appeals hearing.

“C.J. Bryson”

C. J. BRYSON

MEMBER

If there is an attachment referred to in this document,

please visit .on.ca to view the attachment in PDF format.

Local Planning Appeal Tribunal

A constituent tribunal of Environment and Land Tribunals Ontario

Website: .on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248

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