T. Prevedel

The Ontario Land Tribunal held a Case Management Conference regarding appeals from the City of Toronto's Committee of Adjustment approval of a minor variance application for a proposed three-storey apartment building.

The Tribunal granted participant status to the Deer Park Residents Group on consent.

The parties agreed to adjourn a related site plan appeal until the minor variance appeals are resolved.

The Tribunal approved the final Procedural Order and Issues List and scheduled a five-day video hearing for the merits of the appeals.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals related to the City of Kawartha Lakes 2012 Official Plan.

The parties confirmed that a Phase 3 hearing was no longer necessary and scoped the remaining issues for a Phase 4 hearing.

The Tribunal approved the final Procedural Order and Issues List for the Phase 4 hearing, scheduled a six-week hearing for May 2023, and granted party status to Ibrans Developments Ltd. on consent.

The appellant appealed the Town's failure to make a decision on a proposed plan of subdivision within the statutory timeframe.

During the initial hearing dates, the parties engaged in settlement discussions, reached an Agreed Statement of Facts, and narrowed the issues.

The Tribunal directed the submission of a final Procedural Order and Issues List and scheduled a four-day hearing on the merits.

The applicant appealed the City of Sarnia Committee of Adjustment's refusal to grant a consent to sever a residential property to create one additional lot.

The Tribunal heard uncontested expert planning evidence that the proposed severance was consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and met the criteria under section 51(24) of the Planning Act.

The Tribunal allowed the appeal and granted provisional consent subject to conditions, finding the proposal represented good planning in the public interest.

The Tribunal previously allowed appeals by the applicant regarding the municipality's failure to make decisions on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 25-storey mixed-use building.

The Tribunal withheld its final order until the final form of the amendments was provided.

Having received and reviewed the proposed amendments on consent of the parties, the Tribunal ordered that the Official Plan and Zoning By-law be amended in accordance with the attached schedules.

At a Case Management Conference regarding appeals for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a mixed-use development, the Ontario Land Tribunal granted party status to the Niagara Escarpment Commission.

The Tribunal also scheduled a third Case Management Conference and a four-week Hearing of the Merits.

The appellant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a proposed mixed-use development.

At the second Case Management Conference, the Tribunal granted party status to the Niagara Escarpment Commission without objection.

The parties agreed to work cooperatively on scoping the issues list and finalizing the procedural order.

The Tribunal scheduled a third Case Management Conference for October 2022 and a four-week hearing of the merits for June 2023.

Motions were brought by CastandGrey 5 Corp., CastandGrey 7 Corp., and Hamilton Country Properties Ltd. for party status in the appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

The City of Hamilton also brought a motion to dismiss the appeals of the Twenty Road West Landowners without a hearing.

The Tribunal granted party status to the moving landowners, finding they had a direct interest in the urban boundary expansion and that their participation would serve the public interest without causing prejudice, provided they sheltered under existing issues.

The Tribunal also granted the City's motion to dismiss the Twenty Road West Landowners' appeals, finding that the landowners had previously agreed to withdraw their appeals in a binding Minutes of Settlement, and their continued pursuit of the appeals was not in good faith.

The appellants 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 10-storey and 32-storey residential development.

The parties reached a settlement, which included the extension of a public road and a new public park.

Based on uncontested expert planning evidence, the Tribunal found the proposed settlement consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and representative of good planning.

The appeals were allowed in part to approve the revised planning instruments.

The applicant appealed the City of Waterloo's failure to make a decision on a Zoning By-law Amendment application to permit a high-rise residential redevelopment.

The parties reached a settlement proposing two 24-storey towers and the removal of a heritage building, with community benefits provided in exchange for increased density.

The Tribunal approved the settlement, finding it consistent with the Provincial Policy Statement, in conformity with the Growth Plan and local Official Plans, and representing good planning.

The appellant appealed the failure of the Town of The Blue Mountains and the County of Grey to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit 20 residential units.

A settlement was reached between the appellant, the Town, the County, and a condominium corporation, but was opposed by a local residents' group.

The Tribunal found the proposed development was consistent with the Provincial Policy Statement, conformed to the applicable Official Plans, and represented good planning.

The Tribunal rejected a late request by the Town to impose a condition requiring the developer to provide six affordable housing units, finding it unreasonable and inequitable in the absence of supporting Official Plan policies.

The appeals were allowed in part to approve the settlement.

The appellant appealed the City of Cambridge's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 185-unit residential development.

The parties reached a settlement, which included preserving a heritage dwelling and existing trees, and replacing a proposed apartment building with stacked townhouses.

Based on the uncontested expert planning evidence and the consent of all parties, the Tribunal allowed the appeals and approved the revised zoning by-law and draft plan of subdivision.

The appellant appealed the City's approval of an Official Plan Amendment that permitted redevelopment and increased heights, arguing it failed to provide sufficient affordable housing and violated the Charter and Human Rights Code.

The applicant brought a motion to dismiss the appeal without a hearing under s. 17(45) of the Planning Act.

The Tribunal granted the motion, finding that the appeal failed to disclose any legitimate land use planning grounds, as the City's Official Plan only encouraged a target for affordable housing and the City had not enacted inclusionary zoning.

The appellant also failed to provide evidence to support its Charter and Human Rights Code claims.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Huntingwood Trails (Collingwood) Ltd. for a zoning by-law amendment and draft plan of subdivision in the Town of Collingwood.

The parties provided an update on the scoping of issues and the withdrawal of certain appellants.

The Tribunal approved the revised Procedural Order and Issues List and confirmed the 25-day hearing of the merits scheduled to commence on August 8, 2022.

At a Case Management Conference, the applicant brought a motion to consolidate several appeals and referrals relating to the proposed Macleod Quarries.

The proceedings included appeals under the Planning Act regarding official plan and zoning by-law amendments, and a referral under the Aggregate Resources Act for a Class A licence.

With the consent of all parties, the Tribunal granted the motion to consolidate the proceedings to avoid inconsistent findings and ensure an expeditious resolution.

The applicant appealed the City of Toronto's failure to make a decision on an Official Plan amendment and Zoning By-law amendment applications for a mixed-use development.

At the third Case Management Conference, the parties requested on consent to consolidate the Zoning By-law appeals with the Official Plan appeal.

The Tribunal ordered the consolidation of the appeals and scheduled a further Case Management Conference, which the parties intend to be a settlement hearing if City Council accepts a proposed settlement offer.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for a mixed-use development.

The Tribunal directed the parties to submit a final Procedural Order and Issues List by August 5, 2022, and scheduled a 10-day video hearing to commence on April 10, 2023.

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'.

The appellant appealed two conditions of draft plan approval for a subdivision that required the dedication of a 40-metre wide transitway right-of-way at no cost to the City.

The required dedication represented 19.1% of the total area of the plan of subdivision.

The Tribunal found that while the transitway was necessary for the City's orderly growth, requiring the dedication of the entire right-of-way at no cost was not reasonable, relevant, necessary, or equitable for this specific development.

The Tribunal allowed the appeal and amended the conditions to require the appellant to dedicate 5% of the land area at no cost, with the City to compensate the appellant at fair market value for the remaining land required.

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.