Update on Bridgebrook OLT Decision

Bridgebrook Corporation (The Applicant), is the owner of undeveloped lands approximately 40 hectares in size, located in the northern portion of the Uxbridge Urban Area between Concession Road 6 and Centre Road, generally north of Bolton Drive, municipally known as 7370 Centre Road (the “Bridgebrook Lands”).

The Applicant submitted applications on April 9, 2021 to amend the Region’s Official Plan, the Township’s Official Plan, and the Township’s Zoning By-law, as well as for approval of a plan of subdivision.  The Applicant appealed the applications to the Ontario Land Tribunal (“OLT”) on March 16, 2022.

On Nov. 24th, the Ontario Land Tribunal (OLT) heard a motion brought by the Township that sought to phase the hearing of the Bridgebrook appeal in two phases:  prematurity due to lack of servicing capacity in the first phase, and then details of the plan being proposed in the second phase. The OLT dismissed the motion and as a result, the hearing will not be phased.  The Township’s solicitor recommends meeting with the developer to scope and/or reduce the number of issues that must be dealt with at the hearing.  Staff believe this will benefit the Township and public interest, as well as providing for efficiencies in the hearing process.

No decision has been made yet on the merits of the proposed development. The Township is required to give direction to its solicitor in order to put its position before the OLT at the hearing. As part of that preparation, it is expected that the Township will further scope and define its planning and technical issues to provide for an efficient hearing process. At this time, servicing capacity is not yet available for the Phase 2 Lands. There is currently no timeframe for servicing capacity to be available for Phase 2, so these lands may not be developed for a significant period of time.

Read the full report here.

What Proposed Developments Are Involved in this OLT Decision?

The appeal is specifically for the Bridgebrook Development. Other landowners in the Phase 2 lands (Mason Homes and South Reach Developments), as well as a farm operation to the west of the proposed development, have received party status in the hearing. This will allow them to submit evidence, call witnesses and cross-examine. A resident south of the development has also received Participant Status, which will allow them to submit a written statement to the tribunal member.  As of March 20th, Mason Homes Ltd. and South Reach Developments do not have applications submitted to the Township of Uxbridge.  The Township has met with both for pre-consultation meetings in the past, and Mason Homes has previously submitted an application, but it was subsequently withdrawn. The only property that is the subject of the OLT appeal is 7370 Centre Rd.

What is the current status of development permitted at this location?  What is being applied for?

The Bridgebrook Lands are in the Township’s Urban Area, but designated as “Phase 2” lands, also designated “Future Residential Area” in the Region’s Official Plan.

A revised submission was received by the Applicant following the Public Meeting on May 13, 2022, which now includes 506 dwelling units and a 0.13 hectare block for community housing. The original application and studies, as well as the revised submission, have been (and continue to be) publicly available for review on the Township’s website on its “Current Planning Applications” page.

The Applicant appealed the applications to the Ontario Land Tribunal (“OLT”) on March 16, 2022 as permitted when a decision is not made by the Region and the Township within the timeframes provided in the Planning Act.

What issue was heard?

The Township’s Official Plan indicates that development within the Phase 2 Lands may only be considered when certain conditions are met, including that there is sufficient additional sewage capacity for the proposed development, as well as for all potential development in the Phase 1 lands. The Region’s Official Plan similarly requires consideration of the amount and rate of development that has occurred in the “Living Area” designation and the availability of servicing capacity in considering a Regional Official Plan Amendment to designate the Phase 2 Lands for development. The criteria of these policies are not met at the current time and are not anticipated to be met for some time.

Accordingly, the Township brought a motion, heard by the OLT on November 24, 2022, to have the appeal heard in phases. If successful, the motion would have allowed the Township to focus first only on the question of whether any consideration ought to be given to development in any form on the Bridgebrook Lands until the criteria of the Official Plan for the Phase 2 Lands is met, including availability of servicing, without the need to engage with particular technical and planning concerns with the specifics of the proposed development.

What Decision was made?

In a decision issued January 31, 2023, the OLT dismissed the Township’s motion to phase the hearing. As a result, all evidence in connection with the applications will be heard in a single hearing, including issues as to whether it is premature to approve development without available servicing, but also the details of the draft plan of subdivision including size and layout of lots and parks, and transportation planning. In preparation, the Township’s consultants and staff have been reviewing the proposed plan and submissions of the Application, including consideration of public comments received to date.  

What is the next step for the Township?

The Procedural Order issued by the OLT sets out the formal steps in the adjudication process, including filing of Witness Lists on September 8, 2023 and formal Witness Statements by November 10, 2023, with a 20-day hearing scheduled to commence on January 14, 2024. The Procedural Order also includes an Issues List for the hearing, which includes 31 issues listed jointly by the Township and the Region, and an additional 7 issues listed by the agricultural neighbour to the west of the Bridgebrook Lands.

Does this mean the Development Application will be Approved?

No.  The January 31st decision only relates to the phasing of the hearing.  No decision has been made on the merits of the development application.  A hearing on the application itself is scheduled for January 2024.

Summary

A decision by the Ontario Land Tribunal (OLT) dismissed a motion brought by the Township to phase the hearing for Bridgebrook in two phases:  servicing capacity in the first phase, and then details of the plan being proposed in the second phase. As a result, the hearing will not be phased.  The Township’s solicitor recommends meeting with the developer to scope and/or reduce the number of issues that must be dealt with at the hearing.  Staff believe this will benefit the Township and public interest, as well as providing for efficiencies in the hearing process.