Notice of Decision to Refuse Zoning By-law Amendment for 1376 and 1382 Plains Rd. E.
Burlington City Council refused an application to amend Zoning By-law 2020, as amended, on Sept. 29, 2026, under Section 34 of the Planning Act, 1990, as amended. File number: 520-11/26 (DGM-52-26) (Bousfields Inc., representing 2731115 Ontario Inc., F.K. Deals on Wheels Inc., 2731119 Ontario Inc., Manor Care Homes Inc., Canadian National Railways).
The application requested that 1376 and 1382 Plains Rd. E. be rezoned to permit a 25-storey (plus mechanical penthouse) mixed-use building with 283 residential units and 400 m2 of ground floor retail space.
The reasons for Council's refusal are that: the proposed building includes an intensity and scale that exceeds what is considered appropriate for the site in the context of its location, does not meet the Tall Building Design Guidelines, it is not consistent with the Provincial Planning Statement in that it does not provide for an appropriate built form transition to adjacent areas, full demonstration that land use compatibility is achieved, and confirmation of servicing infrastructure required.
Public consultation on the proposed Zoning By-law Amendment was provided between June 17, 2026 and July 16, 2026. As a result of public consultation, the city received 4 public comments, one delegation at the Statutory Public meeting held on Sept. 15, 2026 and no delegations at the Council meeting held on Sept. 29, 2026. Comments received were considered as part of Development and Growth Management report DGM-52-26 and Council’s decision-making process.
For further information about the development please contact Mariana Da Silva of the Community Planning Department at mariana.dasilva@burlington.ca.
Should you wish to appeal this decision 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 Street, P.O. Box 5013, Burlington, ON L7R 3Z6, no later than 4:30 p.m. on Oct. 28, 2026.
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.
Legal Notice
Only the applicant and the Minister 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 by-law was passed, 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.
Dated at the City of Burlington on Oct. 8, 2026