Appeal allowed to permit short-term rental accommodation in an existing legal non-conforming waterfront dwelling.
The applicant appealed the Town of Huntsville's refusal of a zoning by-law amendment to permit a short-term rental accommodation (STRA) within an existing detached dwelling on a waterfront property.
The property is zoned Natural Resource and the dwelling is a legal non-conforming use located within a flood-prone area.
The Tribunal found that the STRA use does not amount to an intensification or material change in land use, but merely a variation of the existing residential use.
Relying on the uncontradicted expert planning evidence of the applicant, the Tribunal concluded that the application is consistent with the Provincial Policy Statement and conforms to the applicable official plans.
The appeal was allowed and the Town was directed to amend the zoning by-law.
Second Case Management Conference scheduled for appeal of City's failure to decide on Official Plan Amendment.
The Tribunal held a Case Management Conference regarding an appeal by the applicant from the City's failure to make a decision on an Official Plan Amendment application.
The parties advised that City Staff will bring a report to City Council in March, and requested a second CMC be scheduled in May 2023 to either convert to a settlement hearing or schedule a hearing date.
The Tribunal scheduled the second CMC and determined no Procedural Order was required at this time.
Tribunal orders Toronto's affordable housing Official Plan Amendment 558 into force, excepting site-specific appeals.
The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Toronto's Proposed Official Plan Amendment No. 558, which updates definitions related to affordable housing.
The Tribunal ordered that OPA 558 came into force and effect on December 14, 2021, pursuant to subsection 17(27) of the Planning Act, save and except for outstanding site-specific appeals.
The order was made without prejudice to the disposition of the remaining appeals.
Consent request to amend procedural order dates granted.
The parties requested on consent to amend several dates contained in a previously issued Procedural Order regarding an appeal of the Burlington New Official Plan.
The Tribunal granted the request and ordered the extension of deadlines for exchanging witness statements, filing the Agreed Statement of Facts, and filing the Joint Document Book.
Zoning by-law appeal dismissed for failure to make prior submissions to municipal council.
The appellant appealed a zoning by-law amendment intended to permit a mixed-use development.
The Ontario Land Tribunal undertook a preliminary screening and determined the appeal was not valid because the appellant failed to provide oral or written submissions to the municipal council prior to the decision, as required by s. 34(25) of the Planning Act.
The municipality confirmed no such submissions were made.
After finding the appellant's response to the preliminary screening unsatisfactory, the Tribunal dismissed the appeal pursuant to s. 19(1)(d) of the Ontario Land Tribunal Act, 2021.
Tribunal amends previous decision to correct the Applicant's name.
The Tribunal issued an amending decision pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure to correct a technical error in a previous decision.
The amendment corrected the name of the Applicant in the Title of Proceedings and the Appearances section, and updated the introductory paragraph to reflect the correct Applicant's name.
Procedural order issued for appeals regarding official plan and zoning by-law amendments in Oakville.
The Ontario Land Tribunal issued a procedural order governing the hearing of appeals by SmartCentres and related entities concerning the Town of Oakville's failure to make a decision on applications for an official plan amendment and zoning by-law amendment.
The applications seek to permit a mixed-use building consisting of two residential towers.
The procedural order sets out the organization of the hearing, requirements before the hearing, the issues list, and the order of evidence.
Expropriation claim dismissed on consent of the parties.
The claimant brought a claim under the Expropriations Act against the Regional Municipality of Halton.
Upon the request of the parties and receipt of a signed consent order, the Ontario Land Tribunal ordered that the claim submitted in the Notice of Arbitration and Statement of Claim be dismissed.
Tribunal amended procedural order dates on consent of the parties.
The Ontario Land Tribunal issued an order on consent of the parties to amend several dates in the Procedural Order regarding the exchange of witness statements, visual evidence, and the filing of the joint document book and hearing plan.
Procedural Order issued for an appeal regarding a vacation rental unit in Niagara Falls.
The Ontario Land Tribunal issued a Procedural Order to govern the proceedings for an appeal concerning a proposed Official Plan Amendment and Zoning By-law Amendment to permit a vacation rental unit in the City of Niagara Falls.
The order sets out the hearing dates, the list of parties and participants, the issues list, and the schedule for the exchange of witness statements and other evidence.
Procedural order issued for an appeal regarding a zoning by-law amendment for fireworks storage.
The Ontario Land Tribunal issued a procedural order following a case management conference regarding an appeal by the applicants against the Town of Essex's refusal of a zoning by-law amendment.
The amendment sought to allow the storage of fireworks on agricultural lands.
The order sets out the hearing dates, issues list, and procedural deadlines for the exchange of evidence and witness statements.
First CMC held for appeals of Mount Dennis Secondary Plan; mediation requested and second CMC scheduled.
This was the first Case Management Conference regarding appeals by multiple developers against the City of Toronto's adoption of Official Plan Amendment No. 571, which adds the Mount Dennis Secondary Plan.
The Tribunal granted participant status to the Learning Enrichment Foundation.
The parties agreed that the matter would benefit from Tribunal-led mediation, and a second Case Management Conference was scheduled for June 2023.
Tribunal grants party and participant status and schedules a 5-day hearing for development appeals.
This was the first Case Management Conference regarding appeals by SmartCentres from the Town of Oakville's failure to make a decision on applications to amend the Official Plan and Zoning By-law.
The applications propose a mixed-use development with two residential towers.
The Tribunal granted party status to the Region of Halton and participant status to two individuals.
A 5-day video hearing was scheduled for May 2023.
Tribunal issues final order approving Official Plan and Zoning By-law amendments for residential development.
The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to permit a residential development consisting of townhouses and detached/semi-detached dwellings.
Following a public hearing, the Tribunal previously determined the appeals should be allowed in part.
The Tribunal, having been advised that conditions to the issuance of the final order were satisfied, ordered the Official Plan and Zoning By-laws amended accordingly.
Tribunal amends previous order to correct technical error in gross floor area calculation for mixed-use development.
The Tribunal issued an amending order to correct a minor technical error in a Zoning By-law Amendment previously approved for a 16-storey mixed-use building in Toronto.
The correction addressed an error in the calculation of the total maximum gross floor area and the maximum gross floor area for residential uses.
The amendment was made pursuant to the Tribunal's Rules of Practice and Procedure, which allow for the correction of technical or typographical errors without prior notice to the parties.
Tribunal scheduled a five-day hearing for appeals concerning a proposed high-density residential development in Toronto.
The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Bayview Sheppard Developments Limited against the City of Toronto's failure to adopt an Official Plan Amendment and make a decision on a Zoning By-law Amendment for a proposed high-density residential development.
The parties reported ongoing settlement discussions and were directed to finalize a Draft Procedural Order.
A five-day hearing was scheduled for July 2023.
Tribunal revokes party status for failure to comply with Procedural Order and converts to participant.
The Tribunal convened a Telephone Conference Call to address a party's failure to comply with the Procedural Order in an appeal concerning a site plan control and minor variance application.
The self-represented party failed to file witness lists or exchange documents, and sought to raise issues outside the Tribunal's jurisdiction.
The Tribunal revoked the individual's party status due to non-compliance and converted his status to a participant, allowing him to submit a written statement.
First Case Management Conference held and second CMC scheduled for mixed-use development appeal.
This was the first Case Management Conference regarding an appeal by the applicant from the failure of the City of Toronto to adopt an Official Plan amendment and make a decision on Zoning By-law amendments to permit a 28-storey mixed-use building.
The Tribunal granted conditional party status to a community association and participant status to one individual.
The City was directed to provide its Issues List, and a second Case Management Conference was scheduled.
Tribunal issues procedural directions at first Case Management Conference for golf course redevelopment appeals.
This was the first Case Management Conference regarding appeals against an Official Plan Amendment and Zoning By-law Amendment to permit a 662-unit residential subdivision on the former Board of Trade Golf Course in Vaughan.
The Tribunal directed the parties to finalize a Draft Procedural Order and noted the applicant's intent to bring a motion to dismiss one of the appeals.
Tribunal grants party status and schedules hearing dates for high-density development appeals in Vaughan.
The Ontario Land Tribunal held a Case Management Conference regarding appeals by Auto Complex Ltd. against the City of Vaughan's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a proposed high-density mixed-use development at 7200 Yonge Street.
The Tribunal granted party and participant status to several entities and scheduled a further Case Management Conference and a 14-day hearing for 2023.