Procedural order issued for an 8-day hearing regarding a land expropriation compensation claim.
The Ontario Land Tribunal issued a procedural order to govern the pre-hearing steps and organization of an 8-day video hearing scheduled to commence on February 3, 2025.
The hearing will determine the compensation owed to the claimant arising from the Ministry of Transportation's partial expropriation of the claimant's land.
Motion to compel consolidation of future water and environmental permits into quarry expansion hearing dismissed.
The City of Burlington brought a motion for directions to amend a Notice of Undertaking filed by Nelson Aggregate Co. regarding the proposed expansion of the Burlington Quarry.
The City sought to compel the consolidation of potential future hearings for a Permit to Take Water (PTTW), an Environmental Compliance Approval (ECA), and an Aggregate Resources Act site plan amendment into the current consolidated proceedings.
The Ontario Land Tribunal dismissed the City's request to include the site plan amendment, finding no indication that the Ministry of Natural Resources and Forestry intended to propose amendments that would trigger a hearing.
The Tribunal also exercised its discretion under O. Reg. 351/21 to defer the PTTW and ECA applications until it is determined whether hearings will actually be required for those approvals, noting that the Ministry of Environment, Conservation and Parks typically requires land use approvals to be in place before issuing such permits.
The Tribunal confirmed the consolidation of the five existing appeals.
Revised draft plan of subdivision and new conditions approved on consent.
The Tribunal received a request on consent of all parties to approve a revision to a previously approved draft plan of subdivision and new draft plan conditions for the Seaton Community in the City of Pickering.
The Tribunal ordered the approval of the revised draft plan and the new conditions.
Tribunal granted a three-year extension of the lapsing date for draft plan of subdivision conditions.
The applicant requested an extension of the lapsing date for the clearing of conditions for a draft plan of subdivision.
The Town of Collingwood had previously granted a 30-day emergency extension to July 29, 2024.
The Tribunal determined that the requested change to the condition to extend the lapsing provision was minor and required no further notice.
The Tribunal ordered that the lapsing date be extended for three years, up to and including July 29, 2027.
Tribunal amends previous decision to correct typographical error regarding building height.
The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated June 7, 2024.
The amendment corrected the overall height of the proposed 91-storey mixed-use building from 338.3 m to 328.4 m.
In all other respects, the original decision remains unchanged.
Aggregate extraction licence approved; uncontradicted expert evidence established compliance with statutory criteria.
The applicant sought a Category 3 - Class 'A' Licence to permit extraction of aggregate in an above water pit.
Several local residents objected, raising concerns about environmental impacts, noise, dust, and traffic safety.
The Tribunal accepted the uncontradicted expert planning evidence that the proposed pit, subject to site plan conditions and mitigation measures, meets the criteria under section 12 of the Aggregate Resources Act.
The Tribunal directed the Minister to issue the licence.
Tribunal issued a procedural order correcting a technical error in a previous decision's schedule.
The Ontario Land Tribunal issued an order to correct a technical error in its previous decision dated September 13, 2023, pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.
The correction replaced Schedule 1 of the decision, which sets out the procedural order and issues list for an upcoming hearing regarding an Official Plan Amendment for a mixed-use redevelopment of the Scarborough Town Centre.
Tribunal approves minor revisions to draft plan of subdivision and conditions on consent.
The applicant requested minor revisions to a previously approved draft plan of subdivision and associated conditions of approval.
The matter came before the Ontario Land Tribunal on consent of the parties.
The Tribunal ordered the approval of the revised draft plan and conditions, and delegated authority to the municipality to clear the conditions and administer final approval pursuant to the Planning Act.
Tribunal issues corrective order to replace Attachment 2 containing the site-specific zoning by-law.
The Ontario Land Tribunal issued a corrective order under Rule 24.4 of its Rules of Practice and Procedure to fix a technical error in its previous decision dated August 19, 2022.
The order replaces Attachment 2, which contains the City of Toronto Zoning By-law 393-2023(OLT) regarding the lands at 128-132 Gorman Park Road and 795-799 Sheppard Avenue West.
In all other respects, the original order remains unchanged.
Zoning by-law amendment appeal allowed in part to permit a 91-storey mixed-use building based on settlement.
The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to increase the permitted height of a mixed-use building from 85 to 94 storeys.
Prior to the hearing, the parties reached a settlement to permit a 91-storey building.
Based on uncontested planning evidence, the Tribunal found the revised proposal consistent with provincial policies and the City's Official Plan, noting it would provide additional housing and serve as a landmark without creating unacceptable adverse impacts.
The appeal was allowed in part and the amendments were approved in principle.
Procedural order issued for rescheduled hearing on zoning and subdivision appeals.
The Ontario Land Tribunal issued a procedural order to govern the rescheduled hearing of appeals by the applicant concerning the failure of the municipality to make decisions on applications for a zoning by-law amendment and a plan of subdivision.
The applications seek to permit a development of 43 single detached dwellings and an apartment building.
The hearing was rescheduled to commence on September 11, 2024, for a duration of three days.
Motion granted to vary schedules for previously approved draft plan of subdivision and zoning by-law amendment.
The applicant brought a motion in writing to vary the schedules attached to a 2021 Tribunal order that approved a draft plan of subdivision and zoning by-law amendment.
Based on the uncontested expert land use planning evidence, the Tribunal found that the revised schedules were consistent with provincial policies, conformed to the applicable official plans, and represented good planning.
The Tribunal granted the review request and replaced the original schedules with the revised versions.
Minor variance appeal allowed and variance not authorized as applicant withdrew the application.
The Nottawasaga Valley Conservation Authority appealed a minor variance application by Laura Jean Dawe to permit the construction of an additional residential unit in a hazard area in Essa Township.
The Tribunal was advised that the applicant did not wish to proceed with the application.
Consequently, the Tribunal allowed the appeal and did not authorize the variance.
Tribunal amended Procedural Order dates on consent for expert meetings and witness statement exchange.
The applicants requested an amendment to the dates contained in a previously issued Procedural Order regarding their appeals for a proposed 606-unit mixed-use building in Toronto.
On consent of the parties, the Ontario Land Tribunal granted the request and amended the dates for the expert witness meetings, the exchange of the Statement of Agreed Facts and Issues, and the exchange of witness statements.
Tribunal substitutes corporate appellant for individual and schedules second case management conference in planning appeals.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals of an Official Plan Amendment and a Zoning By-law Amendment to permit recreational uses and a medical clinic in the Municipality of Middlesex Centre.
The Tribunal granted a request to replace the individual appellant with the newly incorporated rural community association.
The property owner requested party status and was directed to confirm his intention by a specified date.
A second Case Management Conference was scheduled to finalize the procedural order and issues list.
Appeals dismissed; Official Plan and Zoning By-law amendments for seasonal recreational trailer park approved.
The appellants appealed the Township's approval of an Official Plan Amendment and Zoning By-law Amendment that would permit a 74-unit seasonal recreational trailer park as an accessory use to an existing marina.
The appellants raised concerns regarding land use compatibility, noise, and the protection of the Natural Heritage System, specifically arguing that the proposed vegetation protection zone was insufficient under the Growth Plan.
The Tribunal dismissed the appeals and approved the amendments, accepting the uncontradicted expert evidence that the proposal conforms with applicable provincial and local planning policies, adequately protects natural heritage features, and represents good land use planning.
Procedural order issued on consent for a five-day hearing regarding a proposed wellness retreat centre.
The Ontario Land Tribunal issued a procedural order on consent following a case management conference regarding appeals by Alan and Tamara Hutchinson.
The appellants seek an Official Plan Amendment, Zoning By-law Amendment, and Consent to permit the creation of two new lots for a wellness retreat centre in the Municipality of Shuniah.
The order sets out the procedural steps, issues list, and order of evidence for a five-day video hearing scheduled to commence on July 8, 2024.
Tribunal schedules 60-day hearing for quarry expansion appeals and adjourns consolidation motion due to late materials.
At a Case Management Conference regarding appeals by Nelson Aggregate Co. for a proposed quarry expansion, the Ontario Land Tribunal scheduled a 60-day hearing on the merits.
The Tribunal adjourned a motion by the City of Burlington to consolidate related Niagara Escarpment Commission appeals due to the late filing of motion materials, which the panel had not fully received.
A further Case Management Conference was scheduled to hear the adjourned motion and finalize the procedural order.
Procedural order issued on consent for a 10-day expropriation compensation hearing.
The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the proceedings leading up to a 10-day hearing scheduled to commence on June 16, 2025, regarding a land compensation claim under the Expropriations Act.
Tribunal authorized red line revision of draft plan of subdivision on consent.
The applicant appealed the Township of Woolwich's failure to make a decision regarding a proposed plan of subdivision.
Following a previous partial order approving the draft plan, the parties requested on consent to authorize a red line revision and amend the conditions of draft plan approval.
The Ontario Land Tribunal granted the request, authorizing the red line revision and granting the Region of Waterloo the authority to clear the conditions and administer final approval of the plan of subdivision pursuant to subsections 51(56.1) and 51(58) of the Planning Act.