Procedural Order issued for appeals of Official Plan Amendment and Zoning By-laws.
The appellant appealed the City of Toronto's adoption of Official Plan Amendment No. 541 and Zoning By-law Nos. 931-2021 and 932-2021.
The Ontario Land Tribunal issued a Procedural Order to govern the proceedings without a hearing event.
Tribunal orders re-designation of lands from Prime Agricultural to Rural based on soil capability evidence.
The Tribunal heard an appeal regarding the 'Prime Agricultural' designation of a 42.95-hectare parcel of land in the City of Kawartha Lakes' Official Plan.
The appellants argued that the lands should be designated 'Rural' based on an Agricultural Land Evaluation which found the lands consisted mostly of Class 4 soils with drainage and topography constraints.
The City argued the designation was appropriate and any changes should occur during a Municipal Comprehensive Review.
The Tribunal preferred the appellants' evidence, finding no clear justification for the original 'Prime Agricultural' designation, and ordered the lands be re-designated as 'Rural'.
Interim Order for aggregate licence rescinded due to applicant's seven-year failure to negotiate haul route.
The Ontario Land Tribunal initiated a motion to determine whether to rescind a 2015 Interim Order that approved a zoning by-law amendment and directed the issuance of an aggregate licence, subject to the negotiation of a haul route agreement.
After nearly seven years of delays, changes in counsel, and inactivity by the applicant, the municipalities requested that the matter be dismissed.
The Tribunal found that the applicant had been given ample opportunities and time extensions but failed to resolve the haul route condition.
Consequently, the Tribunal rescinded the Interim Order and directed the Minister to refuse the licence.
Tribunal approves partial settlement of Kawartha Lakes Official Plan appeals and denies late boundary deferral request.
The Tribunal held a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan (OPAs 13-18).
The City brought a motion for partial approval (Draft Order 3) to resolve numerous Phase 2 issues based on an Agreed Statement of Facts by land use planning experts, which the Tribunal approved.
The Tribunal also considered Draft Order 4 to implement Minutes of Settlement regarding settlement boundaries.
Fenelon Trails requested a deferral of the Fenelon Falls urban boundary approval, arguing it would restrict growth.
The Tribunal denied the deferral request, noting Fenelon Trails was a non-appellant party sheltering under another appeal that had settled, and approved Draft Orders 3 and 4 to implement the settlement and boundary adjustments.
Tribunal consolidates Planning Act appeals and Aggregate Resources Act referral for quarry expansion.
The applicant appealed the City of Kingston's failure to make a decision on Official Plan and Zoning By-law amendment applications to permit the expansion of an existing quarry.
The Ministry also referred objections regarding the Class A license application under the Aggregate Resources Act.
At the first Case Management Conference, the Tribunal granted party and participant status to various objectors and consolidated the planning and aggregate matters to be heard together.
A further Case Management Conference was scheduled.
Appeals allowed and planning amendments approved to permit a self-storage facility on vacant urban lands.
The applicant appealed the Town of Fort Erie's failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a self-storage facility.
At a settlement hearing, the Tribunal heard uncontested expert planning evidence that the proposed development on vacant lands within an existing urban area promotes efficient land use and conforms to provincial and municipal planning policies.
The Tribunal allowed the appeals and approved the amendments, finding the proposal represents good planning and is in the public interest.
Zoning by-law amendment appeal allowed to permit three single detached dwellings as infill development.
The applicant appealed the Town of Niagara-on-the-Lake's refusal of a zoning by-law amendment application to permit three single detached dwellings on a private roadway.
The applicant called two expert planning witnesses, including the Town's Manager of Planning under summons, who both provided uncontested evidence supporting the revised proposal.
The Tribunal found the proposed infill development consistent with the Provincial Policy Statement, the Growth Plan, and local official plans, as it promotes efficient use of land and existing infrastructure.
The appeal was allowed and the municipality was directed to amend the zoning by-law.
Settlement approving a reduced minor variance for residential floor area ratio authorized by the Tribunal.
The Town of Oakville appealed a Committee of Adjustment decision granting a minor variance to increase the residential floor area ratio for a proposed two-storey detached dwelling.
Prior to the hearing, the parties reached a settlement based on a revised design that reduced the requested variance and mitigated massing impacts.
The Tribunal found the amended application met the four tests under s. 45(1) of the Planning Act, was consistent with provincial policies, and maintained the character of the neighbourhood.
The appeal was allowed in part to authorize the revised variance subject to conditions.
Tribunal scheduled future hearing dates and ordered the filing of a final hearing plan.
This was a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and related Official Plan Amendments.
The Tribunal was updated on settlement discussions, a recent Minister's Zoning Order, and the resolution of issues with one of the appellants.
The Tribunal ordered the parties to file a final hearing plan by February 9, 2022, and scheduled a further Case Management Conference and hearing dates.
Party and Participant status granted and Procedural Order approved at Case Management Conference.
A Case Management Conference was held regarding appeals by the applicants for the Town of Oakville's failure to make decisions on requested official plan and zoning by-law amendments, and a site plan application, to permit a five-storey retirement building.
The Tribunal granted Party status to the Region of Halton and Participant status to a local resident on consent.
The Tribunal also approved the draft Procedural Order and scheduled a seven-day video hearing on the merits.
Tribunal approves Procedural Order and schedules further CMC and hearing dates for subdivision appeals.
The applicant appealed the failure of the Town of The Blue Mountains to make decisions on applications for an Official Plan amendment, Zoning By-law amendment, draft plan of subdivision, and draft plan of condominium.
At a Case Management Conference, the parties requested an additional CMC date to continue mediation and potentially convert it to a settlement hearing.
The Tribunal approved the draft Procedural Order and scheduled a further CMC and a 9-day hearing on the merits.
Hearing converted to Case Management Conference to allow parties to continue site plan settlement discussions.
The applicant appealed the City of Toronto's failure to make a decision on a site plan application under s. 41(12) of the Planning Act.
At the joint request of the parties, the scheduled hearing was converted into a Case Management Conference.
The parties reported positive ongoing discussions and requested a further date to continue resolving outstanding issues.
The Tribunal scheduled a further video Case Management Conference for June 6, 2022.
Minor variance appeal dismissed; proposed gross floor area increase not minor and threatened stormwater infrastructure.
The applicant appealed the Town of Aurora Committee of Adjustment's denial of minor variances required to construct a two-storey single detached dwelling.
The requested variances sought to increase the maximum permitted footprint and gross floor area.
The Tribunal found that the requested increase to the gross floor area was not minor in nature and that the proposed development posed unacceptable risks to a critical municipal stormwater sewer pipeline.
The appeal was dismissed and the variances were not authorized.
Final Order issued for zoning by-law amendment after applicant satisfied all municipal conditions.
The Tribunal previously allowed the applicant's appeal under subsection 34(11) of the Planning Act in part, approving the proposed zoning by-law amendments in principle but withholding the final Order until certain conditions were met.
The City of Toronto advised the Tribunal that all conditions, including the execution of a Heritage Easement Agreement and a Section 37 Agreement, had been satisfied.
The Tribunal issued the final Order amending Zoning By-law No. 569-2013.
Tribunal extends deadline for Agreed Statement of Facts and schedules further Case Management Conference.
A Case Management Conference was held regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and related amendments.
The Tribunal addressed a request for an adjournment based on a pending disposition letter, confirmed there were no concerns with certain lands remaining within the Lindsay urban settlement boundary, extended the deadline for the Agreed Statement of Facts, and scheduled a further Case Management Conference for January 2022.
Appeals allowed in part to implement a settlement for a 96-unit townhouse development.
The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendments, and a Draft Plan of Subdivision to permit a 96-unit townhouse development.
The parties reached a settlement modifying the proposal to include a private road, a privately owned publicly-accessible space (POPS), and enhanced pedestrian connections.
Based on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and the City's Official Plan.
The appeals were allowed in part, and an interim order was issued withholding final approval until prerequisite conditions are met.
Minor variance for increased lot coverage authorized as it meets the four tests under the Planning Act.
The applicant appealed the refusal of a minor variance by the Town of Aurora Committee of Adjustment.
The variance sought to increase the maximum lot coverage from 35% to 41.1% for a two-storey dwelling on a lot within a draft plan of subdivision.
The Tribunal found that the requested variance met the four tests under s. 45(1) of the Planning Act, as it was generally consistent with the existing neighbourhood and maintained the required yard setbacks.
The appeal was allowed and the variance was authorized subject to conditions.
Tribunal issues procedural order and approves modified Official Plan schedules following case management conference.
The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Kawartha Lakes 2012 Official Plan and various Official Plan Amendments.
The Tribunal granted a motion for disclosure, allowing information pertaining to servicing capacity to be entered into evidence at the upcoming hearing.
The Tribunal denied a request by certain appellants to postpone dealing with the Lindsay urban boundary issue, directing that the hearing proceed as originally scheduled.
Finally, the Tribunal approved the modified Official Plan Schedules A-2, A-4, and A-5, and finalized the Procedural Order for the Phase 2 hearing.
Motion for party status denied as moving parties lacked direct interest and their presence was unnecessary.
The Milton Phase 4 (West) Landowners Group Inc. and the Milton P4 Trafalgar Landowners Group Inc. (collectively MP4) brought a motion for party status in appeals concerning the Town of Halton Hills' Official Plan Amendment No. 32.
MP4 argued that the Regional Municipality of Halton's Natural Heritage System policies, which were modified in OPA 32, would affect their lands in the Town of Milton.
The Town of Halton Hills and the Region opposed the motion, arguing that MP4's lands were physically distant, they had not participated in the public process, and their addition would unnecessarily complicate the proceedings.
The Tribunal dismissed the motion, finding that MP4 did not have a direct interest in the proceeding, their presence was not necessary, and adding them would not be in the public interest.
Zoning by-law amendment for 49-storey infill residential tower allowed as transit-supportive intensification.
The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a 49-storey residential development with retail at-grade on a site containing an existing 30-storey rental apartment building.
The City opposed the development, arguing the height and massing were inappropriate and the unit mix did not meet guidelines.
The Tribunal allowed the appeal, finding that the proposed infill development promotes efficient use of land, is transit-supportive, accommodates an appropriate mix of uses, and conforms to the Official Plan, Growth Plan, and Provincial Policy Statement.
The Tribunal accepted the applicant's expert evidence that the height and podium design would not have unacceptable adverse impacts and that the unit mix provided functional family-sized units.