Tribunal amended previous order to correct a rule reference regarding the preliminary screening of an appeal.
The Ontario Land Tribunal issued an administrative order amending a previous order that dismissed an appeal of a zoning by-law.
The amendment corrected a reference to the Tribunal's Rules of Practice and Procedure regarding the preliminary screening of the appeal.
The reference to Rule 26.05 was replaced with Rule 15.1, confirming the appeal was invalid because the appellant failed to provide oral or written submissions to council as required by subsection 34(19) of the Planning Act.
Zoning by-law appeal dismissed for failure to make prior submissions to municipal council.
The appellant appealed a zoning by-law passed by the Township of McKellar.
The Ontario Land Tribunal conducted a preliminary screening and determined the appeal was invalid because the appellant failed to make oral or written submissions to council before the by-law was passed, as required by subsection 34(19) of the Planning Act.
The appeal was dismissed.
Land compensation arbitration dismissed on consent without costs.
The claimant and respondent agreed to the dismissal of the land compensation arbitration on consent.
The Ontario Land Tribunal ordered the proceeding dismissed without costs.
Appeal of municipal ward boundary by-law dismissed; Tribunal deferred to council's reasonable decision.
The appellant appealed the City of Guelph's passing of a by-law to alter its six wards, arguing that the new boundaries failed to provide effective representation by population and unnecessarily divided neighbourhoods.
The City defended the by-law, relying on the extensive review process and recommendations of its expert consultants.
The Tribunal dismissed the appeal, finding that the by-law achieved relative population parity, respected communities of interest and natural boundaries, and was strongly endorsed by the community.
The Tribunal deferred to the reasonable decision of the elected municipal council.
Final Order issued amending zoning by-laws after applicant satisfied all municipal conditions.
The Tribunal previously allowed the applicant's appeal in part and approved the proposed zoning by-law amendments in principle, withholding its final Order until certain conditions were met.
The City of Toronto advised the Tribunal that the conditions, including the finalization of the by-law form, provision of servicing reports, and registration of a Section 37 Agreement, had been satisfied.
The Tribunal issued its final Order amending the applicable zoning by-laws to permit the proposed residential apartment buildings.
Appeals allowed for consent and minor variances to permit residential infill development while preserving a heritage dwelling.
The applicants appealed the City of Hamilton Committee of Adjustment's refusal of consent and minor variance applications to retain an existing heritage two-family dwelling and create four new single-detached residential lots.
The Tribunal allowed the appeals, finding that the proposed residential intensification on underutilized lands conforms to provincial and municipal planning policies, is compatible with the existing neighbourhood character, and represents good land use planning.
Tribunal approves zoning amendment for 200-unit townhouse development following settlement between developer and municipality.
The applicant appealed the City of Brampton's failure to make a decision on applications for a zoning by-law amendment and plan of subdivision to permit a 200-unit townhouse development.
The parties reached a settlement.
Based on uncontested expert planning evidence, the Tribunal found the proposed development makes efficient use of vacant lands, protects adjacent wetlands, and conforms to provincial and municipal planning policies.
The appeal was allowed in part and the zoning by-law was amended, with the final order withheld pending the fulfillment of settlement conditions.
Tribunal scheduled a three-day hearing after Township Council rejected a tentative settlement regarding a boathouse.
The applicant appealed the Township's refusal of a zoning by-law amendment to permit the reconstruction of an in-water boathouse and an addition to a sleeping cabin.
The parties had reached a tentative settlement, but the Township Council did not endorse it.
Consequently, the Ontario Land Tribunal scheduled a three-day video hearing on the merits for June 2022.
Tribunal approves zoning by-law amendment and draft plan of subdivision on consent.
The applicant appealed the City of Brampton's failure to make a decision on applications for a Zoning By-law Amendment and a Draft Plan of Subdivision.
Following case management conferences and a hearing, the parties reached a settlement.
Based on the uncontested expert land use planning evidence, the Tribunal found the proposed instruments constituted good planning and approved the Zoning By-law Amendment, Draft Plan of Subdivision, and Draft Plan Conditions on consent.
Official Plan and Zoning By-law amendments for a 4-storey residential building approved in principle following settlement.
The applicants appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 4-storey multi-unit residential building.
At a settlement hearing, the Tribunal heard uncontradicted expert planning evidence that the revised proposal for 30 dwelling units in a stacked townhouse building conforms to provincial and municipal planning policies.
The Tribunal allowed the appeals in part, approving the amendments in principle and withholding the final order pending the finalization of the instruments and a Section 37 Agreement.
Minor variances for lot area and frontage authorized to permit a secondary dwelling unit.
The applicant appealed the City of Cambridge Committee of Adjustment's refusal of minor variances for lot area and frontage to permit a secondary dwelling unit in the basement of his home.
Neighbours opposed the application citing traffic and parking concerns.
The Tribunal allowed the appeal, finding the variances met the four tests under s. 45(1) of the Planning Act, were consistent with provincial policy encouraging affordable housing, and that traffic and parking concerns were not directly correlated to the variances.
Tribunal approves procedural order and schedules nine-day hearing for waterfront development appeals.
The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Pickering Harbour Company Ltd. from the City of Pickering's refusal to adopt amendments to the Official Plan and Zoning By-law for lands at 591 Liverpool Road.
The Tribunal approved the Draft Procedural Order on consent of all parties and scheduled a nine-day video hearing to commence on November 7, 2022.
Tribunal amended procedural order to set new hearing dates and document exchange deadlines.
The Ontario Land Tribunal issued an order amending the procedural order for an appeal concerning a proposed 13-storey residential apartment building in the City of Burlington.
The amendment set new dates for the video hearing and established deadlines for the exchange of witness statements, participant statements, and written responses.
Appeals allowed in part to implement agreed-upon modifications to development permit conditions.
The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for a large dwelling and accessory structures.
Following case management conferences, the parties reached an agreement to modify the conditions of approval, specifically regarding the septic bed design and fill placement.
The Ontario Land Tribunal, functioning as the Niagara Escarpment Hearings Office, found the agreed-upon conditions to be correct and allowed the appeals in part to implement the revised conditions.
Final form of zoning by-law amendment approved following fulfillment of conditions from prior decision.
The Tribunal previously allowed an appeal in part regarding a zoning by-law amendment application by Charlotte King Residences Corp. to permit a 47-storey residential mixed-use building in the City of Toronto.
The final Order was withheld pending confirmation that the implementing instrument was finalized.
Having been advised that the draft zoning by-law amendment was finalized and conditions satisfied, the Tribunal ordered the approval of the final form of the zoning by-law amendment.
Final order issued approving zoning by-law amendment for a 9-storey mixed-use building.
The Tribunal previously allowed an appeal in part regarding a zoning by-law amendment to permit a 9-storey mixed-use building, withholding its final order pending the fulfillment of certain conditions.
Having been advised that the draft zoning by-law amendment was finalized and conditions satisfied, the Tribunal issued its final order approving the amendment.
Further hearing scheduled to consider pending settlement of zoning by-law amendment appeal for boathouse reconstruction.
The applicant appealed the Township's refusal of a zoning by-law amendment to permit the reconstruction and expansion of an in-water boathouse and an addition to a sleeping cabin.
The parties indicated a tentative settlement was pending Township Council approval.
The Tribunal granted participant status to a neighbouring property owner and scheduled a further one-day video hearing to consider the anticipated settlement.
Tribunal directed parties to refine Issues List and scheduled a 15-day hearing for subdivision appeals.
This was the third Case Management Conference regarding appeals by Earls Road Development Inc. from the failure of the District Municipality of Muskoka to make a decision on a plan of subdivision application, and the failure of the Town of Huntsville to make a decision on a zoning by-law amendment application.
The Tribunal directed the parties to further refine the Issues List and prepare a draft Procedural Order.
A 15-day video hearing was scheduled to commence on August 8, 2022.
Tribunal granted party status to neighbouring landowner and scheduled settlement hearing for Official Plan Amendment appeal.
This was the first Case Management Conference regarding an appeal of an Official Plan Amendment under section 17(36) of the Planning Act.
The appellant opposed a policy requiring a master plan and urban design brief prior to any zoning by-law amendment.
During the conference, the Tribunal granted party status to a neighbouring landowner whose lands were directly impacted by the disputed policy.
The parties advised the Tribunal that a tentative settlement had been reached, and the Tribunal scheduled a one-day settlement hearing.
Final order issued approving zoning by-law amendments and draft plan of subdivision for townhouse development.
The applicants appealed the City of Toronto's failure to make a decision on applications for a zoning by-law amendment and a draft plan of subdivision to permit three townhouses.
Following an interim decision in 2019, the parties advised the Tribunal that all conditions had been satisfied.
The Tribunal issued its final order approving the zoning by-law amendments and the draft plan of subdivision.