Notice of Decision - Official Plan Amendment Subsection 17(34) of the Planning Act

Amendment No. 1

Date of decision: September 26, 2023

Date of notice: September 28, 2023

Last date of appeal: October 18, 2023

A decision was made on the date noted above to approve Amendment No. 1 to the Official Plan of the City of Burlington, 2020.

Purpose and Effect of the Amendment

The purpose of this Official Plan Amendment (OPA) is to amend the policies of the Burlington Official Plan, 2020, to comply with Subsection 16 (3) of the Planning Act, that were changed by Bill 23, More Homes, Built Faster Act, 2022.

Public consultation was conducted through a Statutory Public Meeting held on Sept. 12, 2023. Notice of the Statutory Public Meeting was mailed on Aug. 11, 2023, and published in the Burlington Post on Aug. 10, 2023. As a result of public consultation, the City received 1 comment and 2 delegations at the Statutory Public meeting held on Sept. 12, 2023. Comments received were considered as part of Council’s decision-making process.

When and How to File an Appeal

Any appeal to the Ontario Land Tribunal must be filed with the City of Burlington, c/o the City Clerk, 20 days from the date of this notice, as shown above as the last date of appeal. Section 17 (24.1) of the Planning Act provides that there is no appeal in respect of policies adopted to authorize the use of Additional Residential Units.

The appeal should be sent to the attention of the City Clerk, at the address shown below and it must:

1) set out the specific part of the Official Plan Amendment to which the appeal applies;

2) set out the reasons for the appeal; and,

3) be accompanied by the fee in the amount of $1,100, payable to the Minister of Finance, Province of Ontario.

Who can File an Appeal

Only individuals, corporations or public bodies may appeal a decision of the City of Burlington, to the Ontario Land Tribunal. A notice of appeal may not be made by an unincorporated association or group. However, a notice of appeal may be made in the name of an individual who is a member of the association or the group on its behalf.

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

If you require further information in respect of the Official Plan Amendment and the decision, please contact Victoria Coates, Community Planning Department, City of Burlington at victoria.coates@burlington.ca or Jo-Anne Rudy, Committee Clerk, Office of the City Clerk, City of Burlington at jo-anne.rudy@burlington.ca.

Mailing Address for Filing a Notice of Appeal

The City Clerk
The Corporation of the City of Burlington
426 Brant St.
P.O. Box 5013
Burlington, Ontario L7R 3Z6

Telephone: 905- 335-7481
Fax: 905-335-7675