Joint Statement on the Ontario Lands Tribunal approving 26 storey building at 535-551 Brant Street

Burlington, Ont. — July 24, 2023 — The Ontario Land Tribunal (OLT) has approved the application for a 26-storey residential apartment with 259 units and retail on the ground floor at 535-551 Brant Street.

The city’s vision for this area in our new Official Plan [2020] is a maximum 11 storeys, with 3 storeys along Brant Street setback for the first 20 metres, to maintain the Main Street character. Our new OP directs the greatest heights and densities to the area surrounding the Burlington GO Station.

At the time the applications were filed with the City, the property was within the city’s Urban Growth Centre (“UGC”) and within the Mobility Hub area of the John Street Bus Terminal. UGCs and Mobility Hubs are among the areas intended to be the focus for accommodating intensification. These designations have now shifted to the Burlington GO station. However, the Tribunal assessed this application in accordance with the UGC policies that were in place at the time of the application, as required by the Province’s amended approval of Regional Official Plan Amendment #48.

While the 2020 OP may assist the Tribunal in understanding the City’s vision for the Downtown, the Tribunal noted “it is not a determinative policy document” as it is currently under appeal.

In their ruling released July 19 the OLT found that the proposed development “respects the existing Brant Street character, the surrounding built form, and uses” and “is compatible with the neighbourhood area without any unacceptable impacts on existing or future development.”

You can read the OLT decision on the city’s webpage dedicated to this project here.

We know the community will be very disappointed in this decision, as we are. It fails to appreciate staff, council and the community’s vision for this area, and to direct the highest buildings to our GO station areas.

It underscores the challenges we face in implementing our vision for managing growth in the city. We will continue to face these challenges as long as the OLT can override local council desires as expressed in our Official Plan and related documents.

We want to thank everyone who took time to share your feedback with us on this development. Although the overall outcome is not what we hoped for a number of changes were negotiated through the process. Staff are reviewing options to seek a review of this decision. We will let the community know when we know more.