Notice of Decision of Refusal for 127 Plains Rd West

With respect to an Official Plan Amendment
Subsection 22 (6.6) of the Planning Act

A decision was made on the date noted above to refuse a proposed amendment to the Official Plan of the City of Burlington.

Purpose and Effect of the Amendment

The purpose of this amendment was to permit a 25-storey mixed use building with 240 residential units and 475 square metres of non-residential space at-grade.

Reasons for Decision

The reasons for Council's refusal are the proposal exceeds what is considered appropriate for the site in the context of its location at periphery of the Aldershot GO MTSA and along Plains Road West; the proposal does not meet the Tall Building Design Guidelines, Shadow Study Guidelines and Terms of Reference, or the Pedestrian Level Wind Study Guidelines and Terms of Reference; the proposal does not provide for minimal access onto the City’s Road network; the proposal provides for an insufficient mix of uses; the proposal does not provide a mix of housing options; and, the proposal does not provide for rental replacement; the proposal does not provide sufficient vegetation.

Public consultation on the proposed Official Plan Amendment was provided between May 20, 2025, and Aug. 13, 2025. As a result of public consultation, the city received 32 public comments through email and 3 delegations at the Statutory Public meeting held on Aug. 13, 2025. Comments received were considered as part of Council’s decision-making process.

When and How to File an Appeal

Should you wish to appeal this bylaw to the Ontario Land Tribunal (OLT), you must file an appeal with the City Clerk either via the OLT e-file service (first-time users will need to register for a My Ontario Account) at olt.gov.on.ca/e-file-service by selecting Burlington (City) - Clerk as the Approval Authority or by mail: City Clerk, City of Burlington, 426 Brant St, P.O. Box 5013, Burlington, ON L7R 3Z6, no later than 4:30 p.m. on Sept, 3, 2025. The filing of an appeal after 4:30 p.m., in person or electronically, will be deemed to have been received the next business day. The appeal fee of $1,100 can be paid online through e-file or by certified cheque/money order to the Minister of Finance. If you wish to appeal to the OLT or request a fee reduction for an appeal, forms are available from the OLT website at olt.gov.on.ca. If the e-file portal is down, you can submit your appeal to clerks@burlington.ca.

Who Can File an Appeal

Only the Minister, the appropriate approval authority, and the person or public body that made the request will be able to appeal the decision of the City of Burlington to the Ontario Land Tribunal.

No person or public body shall be added as a party to the hearing of the appeal unless, before the plan was adopted, the person or public body made oral submissions at a public meeting or written submissions to the council or, in the opinion of the Ontario Land Tribunal, there are reasonable grounds to add the person or public body as a party.

When the Decision is Final

The decision is final if a Notice of Appeal is not received on or before the last date of appeal noted above.

Getting Additional Information

Information in respect of the Official Plan Amendment and the decision will be made available to the public for inspection by contacting the Community Planning Department, by email at planning@burlington.ca between the hours of 8:30 a.m. and 4:30 p.m.