Site Address

5113 Brock Road
Ward 3
View Location Map

Applicant

Claremont Development Corporation (Geranium Homes)

Proposal

Claremont Development Corporation is proposing a residential subdivision development consisting of:

  • 71 lots for detached dwellings;
  • various new public roads, including the completion of an existing public road, connecting Franklin Street and Lane Street;
  • 3 lots intended to be conveyed and combined with adjacent residential properties;
  • 3 blocks for open space;
  • 2 blocks for open space buffers;
  • 2 blocks for stormwater management ponds;
  • a new public park; and
  • 1 block for noise attenuation measures.

Application History

In 1990, the previous land owner, Toko Investments Inc., submitted applications for zoning by-law amendment (A 09/90) and draft plan of subdivision (18T-90016), to permit the creation of 27 lots for single detached dwellings on a municipal road with private services in the Hamlet of Claremont. 

Following a statutory information meeting, the applicant decided to no longer pursue approvals, and the applications became dormant.

The subject lands were subsequently sold and in 2012 the new owners, Claremont Development Corporation (Geranium Homes), resurrected the original applications proposing 27 lots for detached dwellings with minor modifications and updated supporting materials. In December 2012, a Statutory Public Meeting was held with respect to the revised applications. 

During 2013, Geranium Homes initiated a separate process to investigate the possibility of expanding the scale of their original development proposal to include the owner’s total land holdings, and through this larger development bring forward a stormwater scheme that could potentially address or solve the stormwater problems experienced by residents in some parts of Claremont.  To this end, Geranium Homes:

  • met with staff from the City and the Region of Durham to discuss their next steps.
  • worked through the Claremont and District Community Association to establish a “Claremont Community Working Group”.  (City staff was not part of the Working Group.)  The working group had a number of meetings in December 2013 and in February and March 2014.

Geranium Homes presented the Claremont Community Working Group’s preferred development concept to the broader Claremont community on March 19, 2014.  This concept included the original 27 lots plus an additional 43 lots, two public parks, two stormwater management facilities, and a woodlot.  No formal revision to the proposed applications were submitted to the City as a result of this exercise.

In November 2017, Geranium Homes appealed applications for Zoning By-law Amendments A9/90 and A17/90, and application for draft plan of subdivision 18T-90016 to the Local Planning Appeal Tribunal (LPAT Case PL171210), now referred to as the Ontario Land Tribunal (OLT). 

In May 2018, Malone Given Parsons Ltd. submitted revised development applications A9/90, A17/90, and 18T-90016, on behalf of Geranium Homes, accompanied by technical studies, proposing a total of 71 lots for detached dwellings. However, they were not processed or circulated by the City as the applications were under appeal by the applicant to the Local Planning Appeal Tribunal. 

Appeal History

In  August 2019, the LPAT dismissed the appeal of Claremont Development Corporation. However, in August 2020, the LPAT reviewed and reversed its previous decision and granted the relief sought by Claremont Development Corporation, outlining:

1.    that the proposed plan of subdivision include all lands identified within the attached location map; and

2.    that City of Pickering be directed to circulate all materials submitted in May 2018 to obtain agency and public comments.

The decision also identified that the “Clergy principle” applies to the revised draft plan of subdivision application and zoning by-law amendment applications and that the applicable policy regime for the review of such applications is that in place at the time the applications were made in 1990. 

In December 2020, David Masters, a party to the LPAT Appeal, obtained leave to appeal the LPAT's decision to Divisional Court. In May 2021, the Division Court rejected David Masters appeal and upheld the August 2020 LPAT decision in favour of Claremont Development Corporation. 

In accordance with the August 2020 LPAT decision, and subsequent Divisional Court Decision the City has circulated all support materials submitted in May 2018 (updated in 2021) to relevant public agencies for their technical review and comment. The support materials have also been made them available below for public viewing. 

View August 2019 LPAT Decision

View August 2020 LPAT Decision

View May 2021 Divisional Court Decision

Ontario Land Tribunal (OLT) Appeal 

As the applications are subject to an ongoing appeal before the Ontario Land Tribunal, a Statutory Public Meeting will not be held.  Final decision regarding the approval of the development application will rest with the Tribunal.

A Case Management Conference (CMC) with respect to the appeal was held on September 24, 2021. A CMC is a mandatory hearing event that provides the OLT with the opportunity to identify party and participant requests, identify or narrow the issues, identify facts that may be agreed upon, and provide directions for disclosure of information. OLT will also address parties to discuss opportunities for settlement, including the possible use of mediation or other dispute resolution processes. Further information about the OLT is available on the Government of Ontario website at: https://www.ontario.ca/document/citizens-guide-land-use-planning/local-planning-appeal-tribunal

The CMC was held by video conference. The parties represented at the hearing included the appellant; City of Pickering; Region of Durham, Toronto & Region Conservation Authority and David Masters. Although a number of Participants were previously identified, there were none in attendance. 

A full hearing was initially scheduled as a 14-day virtual hearing commencing on August 22, 2022 and concluding on September 9, 2022, however as a result of Minutes of Settlement between parties (Applicant, City of Pickering, Region of Durham & Toronto and Region Conservation Authority) being filed with the Tribunal and withdrawal of party status from an outstanding party (David Masters), a Settlement Hearing has been scheduled for August 23, 2022 by the Tribunal. Please find the Notice of Settlement Hearing  below.

View the Tribunal CMC decision

Notice of Settlement Hearing

Ontario Land Tribunal (OLT) Decision

At the August 23, 2022 Settlement Hearing, the OLT gave an oral decision, allowing the appeals of the Zoning By-law Amendment and Draft Plan of Subdivision, in part, approving the Zoning By-law Amendment and the Draft Plan of Subdivision contained within the Minutes of Settlement, subject to the conditions of draft plan approval contained within the Minutes of Settlement. The Minutes of Settlement are available below.  The OLT issued a written decision on August 26, 2022, which can be viewed below. 

OLT Decision

Minutes of Settlement

For information related to the appeal or questions related to the appeal process, please contact the Tribunal Case Co-coordinator, Ben Bath:

Ben Bath
Case Coordinator  - Planner
Ontario Land Tribunals | Local Planning Appeal Tribunal
655 Bay Street, Suite 1500, Toronto,  ON  M5G 1E5
(437)-238-9862 | ben.bath@ontario.ca 

City Contact

Name:
Cody Morrison
Principal Planner, Development Review
Tel: 905.420.4660 ext. 2913
Email: cmorrison@pickering.ca 

Mailing Address:
City of Pickering
One The Esplanade
Pickering, ON  L1V 6K7

File Numbers

Application number(s): 18T-90016(R), A 09-90(R) & A 17-90(R)

Supporting Documents