Bronte Green Corporation - 1401 Bronte Road - OPA 1530.07, Z.1530.07, 24CDM-14003/1530 and 24T-14004/1530

Official Planning Amendment, Zoning By-Law Amendment, Draft Plan of Subdivision and Draft Plan of Condominium
1401 Bronte Road
File: OPA 1530.07, Z.1530.07, 24T-14004/1530 and 24CDM-14003/1530

Application description

To permit a new residential subdivision including parkland, a mix of residential units and mixed uses on the lands currently occupied by the Saw Whet Golf Course. The application for Official Plan amendment also includes proposed designations for additional lands on the west side of Bronte Road (referred to as the “Enns lands” or “Bronte Road West Lands”).   These lands are not included in the applications for zoning by-law amendment or the draft plan of subdivision.

The land owned by the Bronte Green Corporation and the Bronte Road West lie within the Merton Planning Study area.

Application status - Approved by Ontario Municipal Board

The OMB issued its decision approving the development on June 21, 2017.

Background

Bronte Green filed an appeal with the OMB in 2014 seeking a decision on its development application.

On April 8, 2015, Town council provided the following instructions:

"That counsel be instructed to attend the OMB proceedings to oppose the applications as being premature and not in the public interest using an evidentiary based approach."

Key elements of the town’s case

The town opposed Bronte Green Corporation’s appeals for a number of reasons. The following is a very general summary:

Premature

The town had initiated a comprehensive study of all the lands in the area, known as the Merton Planning Study. This comprehensive study was required by the town's Livable Oakville official plan and was necessary to properly evaluate the impacts of development of the lands.

The studies submitted by the applicant did not constitute a comprehensive study and were missing key information required to understand and address issues related to such critical matters as the natural environment, community needs, servicing and compatibility with surrounding uses.

Public interest

It was the town's position that it was not in the public interest to approve applications that had not been properly assessed. All aspects of the existing site constraints, natural environment, community needs and servicing must first be understood so that the public interest can be addressed. The town also identified a number of ways in which the development as originally proposed would have negative impacts on the surrounding natural and human community.

Evidentiary basis

The OMB is structured in a “court-like” setting which requires the parties to provide evidence to support their positions. The town had 16 witnesses, each an expert in his/her field, to demonstrate the town’s case — that the application, as submitted, should be refused.

Frequently Asked Questions

For more information, please visit the Bronte Green Corporation settlement FAQ page.

Amended Application - April 2015

Bronte Green Draft Plan (pdf)
Draft Plan (revised April 14, 2015, with applicant's description of changes).
Bronte Green Environmental Impact Study Master (pdf)
Bronte Green Functional Servicing Report (pdf)
Bronte Green School Site Needs (pdf)
Bronte Green Official Plan Amendment (pdf)
Bronte Green Traffic Impact Study (pdf)
Bronte Green Water Balance Assessment (pdf)
Bronte Green Zoning By-law Amendment (pdf)
Bronte Green Urban Design Brief (pdf)
Bronte Green Noise Control Feasibility Study (pdf)

Supporting Documentation - September 2014

OPA Draft September 2014 (pdf 17.8 MB)

Supporting documentation - August 2014

OPA Draft June 9 2014 (pdf)
Planning Justification Report (pdf)

Supporting documentation

Aerial Photo (pdf)
Archaeology (pdf)
Canopy Cover Plan (pdf)
Capital Impact Assessment (pdf)
Draft Plan (pdf)
Draft Zoning By-law (pdf)
Environmental Impact Study (pdf)
Environmental Site Assessment (pdf)
Facility Fit Plans (pdf)
Functional Service Report (pdf)
Geotechnical Study (pdf)
Noise Study (pdf)
Odour Study (pdf)
Pedestrian and Trail Plans (pdf)
Planning Assessment (pdf)
Survey (pdf)
Traffic Impact Study (pdf)
Tree Inventory Report (pdf)
Urban Design Brief (pdf)

Hearing (continuation)

To be Determined
Municipal Building (Oakville)
1225 Trafalgar Road
Oakville ON L6J 5A6

Witness Statements

Review the definition of a party and description of participants from the OMB (pdf).

Witness statements were submitted to the OMB by August 27, 2015.

Parties

For this appeal, these are the parties involved:

  • Bronte Green Corporation
  • Victor Enns, Joyce Enns, 1442839 Ontario Ltd.
  • Town of Oakville
  • Region of Halton
  • Conservation Halton
  • Halton District School Board

Review the witness statements made by these parties.

Participants

Review the participant statements.

Town’s involvement

The town is very much involved in the OMB hearing. We are a Party which gives us the right to call witnesses and cross examine all witnesses. The town has 16 witnesses to defend the town’s position.

On April 8, 2015, Town council provided the following instructions.

"That counsel be instructed to attend the OMB proceedings to oppose the applications as being premature and not in the public interest using an evidentiary based approach."

Key elements of the town’s case

The town is opposing Bronte Green Corporation’s appeals for a number of reasons. The following is a very general summary:

Premature

The town had initiated a comprehensive study of all the lands in the area, known as the Merton Planning Study. The study is not complete. A comprehensive study is required by the town's Livable Oakville official plan and is necessary to properly evaluate the impacts of development of the lands.

The studies submitted by the applicant do not constitute a comprehensive study and are missing key information required to understand and address issues related to such critical matters as the natural environment, community needs, servicing and compatibility with surrounding uses.

Public interest

It is the town's position that it is not in the public interest to approve applications that have not been properly assessed. All aspects of the existing site constraints, natural environment, community needs and servicing must first be understood so that the public interest can be addressed. The town has also identified a number of ways in which the development proposed could have negative impacts on the surrounding natural and human community.

Evidentiary basis

The OMB is structured in a “court-like” setting which requires the parties to provide evidence to support their positions. The town has provided 16 witnesses, each an expert in his/her field, to demonstrate the town’s case — that this application should be refused.

Have questions?

Please review the FAQs. If your question is not answered in the FAQ, please email us at OMB@oakville.ca and our staff will get back to within 48 hours.

Contact information

Jennifer Huctwith
Assistant Town Solicitor
905-845-6601, ext. 3017
jennifer.huctwith@oakville.ca

Amended Application - April 2015

Bronte Green Draft Plan (pdf)
Draft Plan (revised April 14, 2015, with applicant's description of changes).
Bronte Green Environmental Impact Study Master (pdf)
Bronte Green Functional Servicing Report (pdf)
Bronte Green School Site Needs (pdf)
Bronte Green Official Plan Amendment (pdf)
Bronte Green Traffic Impact Study (pdf)
Bronte Green Water Balance Assessment (pdf)
Bronte Green Zoning By-law Amendment (pdf)
Bronte Green Urban Design Brief (pdf)
Bronte Green Noise Control Feasibility Study (pdf)

Supporting Documentation - September 2014

OPA Draft September 2014 (pdf )

Supporting documentation - August 2014

OPA Draft June 9 2014 (pdf)
Planning Justification Report (pdf)

Supporting documentation

Aerial Photo (pdf)
Archaeology (pdf)
Canopy Cover Plan (pdf)
Capital Impact Assessment (pdf)
Draft Plan (pdf)
Draft Zoning By-law (pdf)
Environmental Impact Study (pdf)
Environmental Site Assessment (pdf)
Facility Fit Plans (pdf)
Functional Service Report (pdf)
Geotechnical Study (pdf)
Noise Study (pdf)
Odour Study (pdf)
Pedestrian and Trail Plans (pdf)
Planning Assessment (pdf)
Survey (pdf)
Traffic Impact Study (pdf)
Tree Inventory Report (pdf)
Urban Design Brief (pdf)