Alexandra Whyte

The Tribunal held a second Case Management Conference regarding an appeal by 2006316 Ontario Inc. from the Town of Penetanguishene's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The parties advised that a settlement in principle had been reached.

The Tribunal scheduled a one-day settlement hearing for August 23, 2022, and issued procedural directions for the filing of participant statements and settlement documents.

The applicant appealed the City's Committee of Adjustment decision denying consent and minor variance applications to sever a residential property into two lots.

The proposed development required variances for reduced lot area, frontage, and side yards.

The Tribunal found that the proposed intensification was incompatible with the established character of the immediate neighbourhood, which featured large lots and generous setbacks.

The Tribunal dismissed the appeals, concluding that the applications failed to meet the four tests for minor variances under section 45(1) of the Planning Act and the consent criteria under section 51(24).

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The appellants appealed the Township of King's failure to make a decision on a Zoning By-law Amendment and the conditions imposed on a Draft Plan of Subdivision for a 51-lot residential development.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement and in conformity with applicable official plans.

The appeals were allowed in part, approving the Zoning By-law Amendments and the Draft Plan of Subdivision in principle, subject to conditions.

A case management conference was held regarding appeals by RIC (Midland Lane) Inc. for the Town of Midland's failure to make decisions on a zoning by-law amendment and draft plan of subdivision within the statutory timeframes.

The Tribunal granted party status to ADM Agri-Industries Company on consent.

The parties requested and the Tribunal scheduled a further case management conference for April 2022 and a 25-day hearing on the merits for September and October 2022.

Homestead Land Holdings Limited appealed the City of Kingston's failure to make a decision on site-specific official plan and zoning by-law amendments to permit two high-rise mixed-use developments on brownfield sites in the downtown North Block.

The City and Homestead subsequently reached a settlement supporting revised proposals.

The Frontenac Heritage Foundation opposed the developments, arguing they would adversely impact nearby heritage conservation districts and character areas due to their height and visual intrusion.

The Tribunal found the revised proposals compatible with the surrounding built form, consistent with the Provincial Policy Statement, and in conformity with the City's Official Plan, noting the sites were designated for major development and intensification.

The appeals were allowed in part to implement the settlement.

The parties requested a Case Management Conference to have the appeals regarding the Town of Penetanguishene's new Official Plan and the refusal of a draft plan of subdivision heard together.

The applicant is also preparing a revised application to amend the zoning by-law, anticipating a private appeal to be heard concurrently.

The Tribunal granted the request to hear the current appeals together, scheduled a follow-up Case Management Conference to finalize the Procedural Order, and set dates for a 10-day hearing on the merits.

The Ontario Land Tribunal issued an amending decision to correct a technical or typographical error in the Title of Proceeding of a decision issued on September 22, 2021.

The amendment was made pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

In all other respects, the original decision remains the same.