Aynsley Hovius

A Case Management Conference was held regarding appeals by the applicant concerning the redevelopment of a former cookie factory.

The Tribunal consolidated a new appeal regarding a draft plan of subdivision with the existing appeals concerning an Official Plan Amendment and Zoning By-law Amendment.

A revised Procedural Order and Issues List were approved on consent, and a four-day merit hearing was scheduled.

The appellant appealed the City of London's Official Plan Amendment No. 732 and Zoning By-law No. Z.-1-212925, which sought to establish an Environmentally Significant Area boundary on the subject lands.

The parties reached a joint settlement to revert the lands to their pre-amendment 'Neighbourhoods' designation and 'Urban Reserve UR3' zoning, while identifying an 'unevaluated vegetation patch' to ensure future environmental studies are conducted prior to development.

The Tribunal accepted the uncontested expert planning and biological evidence, finding the settlement represents good planning and maintains due regard for environmental concerns.

The appeals were allowed in part to implement the settlement.

The applicant brought a motion for costs against the City of London following a successful appeal of a minor variance refusal.

The applicant argued the City's conduct was unreasonable for defending the refusal without expert planning evidence and taking an untenable position.

The Tribunal dismissed the applicant's motion, finding the City's conduct did not meet the high threshold of being clearly unreasonable, frivolous, vexatious, or in bad faith.

The Tribunal granted the City's request for costs of the motion, ordering the applicant to pay $2,000 plus HST, as the applicant's motion materials were deficient and failed to properly apply the legislative test for costs.

The applicant appealed to the Ontario Land Tribunal under sections 22(7) and 34(11) of the Planning Act due to the City of London'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 development on the Westmount Shopping Centre lands, including townhouses, apartment buildings, and commercial uses.

At this first Case Management Conference, the Tribunal granted participant status to six individuals, scheduled a five-day video hearing commencing March 18, 2024, and issued a Procedural Order with an Issues List.

The Ontario Land Tribunal issued a procedural order on consent of the parties to govern the procedures leading up to a five-day hearing scheduled to commence on February 5, 2024.

The hearing concerns appeals by the applicant regarding an official plan amendment and zoning by-law amendment to permit the redevelopment of an existing cookie factory with mixed-use housing in the City of London.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of a Zoning By-law Amendment approved by the City of London to permit a development of three mixed-use buildings.

The parties resolved outstanding issues regarding the Issues List.

The Tribunal approved the final Procedural Order and Issues List and scheduled a 7-day video hearing for May 2024.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous decision dated July 26, 2023.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the Tribunal replaced Attachment 2 to the Order with a new attachment containing the corrected Zoning By-law amendment for the lands located at 1140 Fanshawe Park Road East in the City of London.

In all other respects, the original decision remains unchanged.

The Tribunal issued a Procedural Order on consent of the parties to govern the procedures leading up to and including the hearing of an appeal under subsection 22(1) of the Development Charges Act.

The hearing is scheduled for three days commencing October 3, 2023.

The appellant appealed the passing of Official Plan Amendment No. 732 and a related zoning by-law which established an Environmentally Significant Area boundary.

At the first Case Management Conference, the parties jointly requested a second CMC because the City was in the process of passing a new OPA to amend its 2016 Official Plan, which the appellant expected to appeal and consolidate with the current matter.

The Tribunal granted the request, scheduled a second CMC, and directed the parties to file a draft Procedural Order.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by a ratepayers association against the municipality's approval of a Zoning By-law Amendment.

The amendment permits a 10-unit cluster townhouse development.

The Tribunal corrected the applicant's name, dismissed 13 participant status requests due to a misunderstanding, and scheduled a three-day video hearing.

The Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of London's passing of an Official Plan Amendment and Zoning By-law.

The appeals relate to the proposed redevelopment of a former industrial brownfield property into a mixed-use development including residential units, a long-term care facility, and seniors' apartments.

The Tribunal scheduled a five-day video hearing for February 2024.

The appellant appealed the City of London's refusal of an Official Plan Amendment and Zoning By-law Amendment, and failure to make a decision on a draft Plan of Subdivision, to facilitate a 1,300-unit residential subdivision.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning and ecological evidence, the Tribunal found the revised proposal, which included the relocation of a wetland that no longer qualified as provincially significant, was consistent with the Provincial Policy Statement and conformed to the City's Official Plan.

The Tribunal allowed the appeals in part, approving the planning instruments subject to conditions.

The municipality and the applicant brought a joint motion to dismiss an appeal of a Zoning By-law Amendment that permitted an eight-storey mixed-use building.

The subject lands were located within a Protected Major Transit Station Area.

The Tribunal found that the self-represented appellant failed to raise legitimate land use planning grounds and did not intend to call expert evidence.

Concluding that the appeal had no reasonable prospect of success, the Tribunal granted the motion and dismissed the appeal without a hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the appellant against the municipality's enactment of an Official Plan Amendment and a Zoning By-law Amendment.

The amendments were requested by the applicant to permit a 23-storey mixed-use building.

The Tribunal granted party status to the applicant, approved the procedural order, and scheduled a nine-day video hearing to commence on November 6, 2023, along with a second Case Management Conference on June 5, 2023.