• Darul Khair Centre has appealed Council’s refusal of zoning amendments needed to build a mosque at 27 Winona Drive.
  • Town Staff had recommended approval, finding the proposal consistent with local and provincial planning policies.
  • Rebuffing their own Official Plan, Council cited neighbourhood incompatibility and traffic and parking concerns before voting 4–1 to reject the proposal.
  • The appeal argues the project represents good planning, serves the public interest, and supports complete community objectives.
  • Applicant counsel says the mosque would provide important religious and community supports for Muslim residents.
  • Because Town Staff supported the proposal, they cannot defend Council’s decision at the Ontario Land Tribunal.
  • Mayor Iain Lovatt said discussions on alternative locations are ongoing, and Council will contemplate their response next week.

 

Darul Khair Centre has appealed Council’s rejection of a development application for a new mosque at 27 Winona Drive. The proposed three-storey place of worship would replace an existing single-story commercial building, though investigation into an alternative location is still underway.

The proposal generated divided opinions among residents ahead of Council’s May 6 vote, but its refusal came with a clear understanding that the applicant would have strong grounds to challenge the decision. Hope remains that an Ontario Land Tribunal (OLT) hearing can still be avoided, but members of Council will meet in-camera next week to consider a potential defence that cannot be supported by Town planners.

Town Staff had recommended approval, describing the proposal as good planning and consistent with land-use policies contained in Stouffville’s new Official Plan. Those updated planning guidelines were unanimously endorsed by Council in May of 2024 and received final approval from the Province last September.

The Town’s Comprehensive Zoning By-law, on the other hand, has yet to be updated to reflect those permissions. As a result, a zoning amendment was required to allow a place of worship on the property. Council ultimately rejected the request, along with two additional amendments seeking slight reductions to side-yard setbacks and landscaped area requirements.

In a May 26 letter submitted to both the OLT and the Town of Whitchurch-Stouffville, Darul Khair Centre counsel Paula Lombardi outlined the basis for the appeal. According to the submission, the site is capable of accommodating the proposed development, and a supportive traffic review demonstrated that it can function appropriately at the location.

“The local official plan policies are permissive of the place-of-worship use at this location, but the zoning by-law currently in place for the subject lands does not,” she wrote. “In order to permit the place-of-worship use, a zoning by-law amendment is required.”

The appeal also relies heavily on similar conclusions reached by Town Staff, with Lombardi determining the proposal aligns with provincial planning policy and represents good planning in the public interest. She also argues the development generally conforms with the intent of the Town’s zoning by-laws despite requiring minor site-specific amendments.

Her submission further points to the current Provincial Planning Statement, a high-level document that guides planning across all Ontario municipalities. That framework promotes the creation of complete communities capable of meeting the needs of all residents, and it recommends land-use policies encouraging amenities like places of worship.

“For many, having access to places of worship and the community supports offered within…is a key factor in determining where they wish to live,” Lombardi detailed, arguing that facilities such as the proposed mosque contribute to both quality of life and a stronger sense of community.

The appeal also highlights efforts to balance local design expectations with the cultural and religious needs of the Muslim community. According to the filing, the proposal was developed to achieve “good and respectful built form” while incorporating both Stouffville’s Urban Design Guidelines and “Muslim-specific design elements.”

The mosque would be “a prayer facility that is integral to the Muslim faith—in other words, a ‘necessity for daily living,’” Lombardi wrote. “The mosque will assist the Town in promoting and facilitating inclusivity, and the built form is appropriate.”

Included comments from the applicant’s architectural team also defend the design, stating that it supports the ongoing evolution of Main Street from an auto-oriented corridor into a more vibrant mixed-use area. They contend the development is compatible with both the existing urban environment and the long-term vision for the surrounding community.

Lombardi further argues the project advances York Region objectives by providing “much-needed human services and religious supports for the local and regional Muslim community.”

Under Ontario’s planning system, municipal staff assess applications against provincial and local policy before making recommendations to Council. Because Stouffville planners supported the proposal following that review, they cannot defend Council’s refusal during an OLT hearing.

Council voted 4-1 against the application, with Councillor Maurice Smith in support and Councillor Sue Sherban and Mayor Iain Lovatt abstaining. Although a hearing has not yet been scheduled, they will need to decide whether or not outside counsel should be secured at public expense to defend their decision.

In comments provided to Bullet Point News, Lovatt confirmed Council will discuss their potential defence during a closed-session meeting on June 17.

While no compromise had been reached before the appeal deadline expired, the Mayor said discussions with Darul Khair Centre remain active. Exploration of alternative locations continues, he said, expressing a belief that a Tribunal hearing can still be avoided.

“An appeal was filed because the Darul Khair Centre had 20 days after the decision to file it,” he explained. “Discussions are still ongoing with them about alternate sites as recent as yesterday.”

“I am still hopeful,” Lovatt added. “As to the appeal itself, Council will decide on Wednesday how to proceed.”