Denise Baker

A case management conference was held regarding multiple appeals of the City of Kawartha Lakes' 2012 Official Plan and its Secondary Plans.

The Tribunal received status updates on the remaining phases of the appeals, noting the withdrawal of certain appeals and the closure of the Phase 6 hearing file.

The Tribunal directed the parties to work collaboratively to prepare a final procedural order and issues list for the Phase 5 hearing, and scheduled a further case management conference to set hearing dates and address outstanding matters.

At a Case Management Conference for an appeal regarding an infill development, an area resident sought Party status to call a land use planner as an expert witness.

The Tribunal denied the request for Party status, finding that the resident's concerns were duplicative of the City's and that the proposed expert witness appeared to be acting as an advocate, raising concerns about partiality.

The resident was granted Participant status instead, and procedural directions were issued for the upcoming hearing.

The appellant appealed the City of Kitchener's approval of zoning by-law amendments facilitating a three-storey, 20-unit stacked townhouse development.

The appellant argued the development's density and floor space ratio exceeded the maximums permitted by the City's Official Plan.

The Tribunal found that the density policies were guidelines not meant for individual developments, and that the floor space ratio calculation correctly excluded the below-grade floor.

Relying on uncontradicted expert planning evidence, the Tribunal concluded the development was compatible with the neighbourhood, consistent with provincial policies, and conformed to the applicable official plans.

The appeal was dismissed.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by HJ Donegan Holdings Inc. for a proposed residential subdivision in North Perth.

The appeal was filed due to the municipality's failure to render a decision on zoning by-law amendment and plan of subdivision applications within the statutory timeframe.

The Tribunal granted party status to an abutting landowner, Erie Meats, on consent.

The Tribunal also approved the draft Procedural Order and scheduled a 14-day video hearing.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Hamilton's approval of official plan and zoning by-law amendments to permit a residential development.

The Tribunal granted party status to the applicant without objection.

The City of Hamilton did not appear and indicated it would not participate in the proceedings.

The Tribunal scheduled a five-day video hearing and approved the procedural order and issues list.

The applicant appealed the Town of Oakville Committee of Adjustment's refusal of a minor variance application to permit the construction of a two-storey detached dwelling.

The requested variances related to the number of garages, garage projection, dwelling depth, main wall length, and dwelling height.

The Ontario Land Tribunal allowed the appeal, finding that the proposed development met the four tests under section 45(1) of the Planning Act.

The Tribunal concluded that the variances maintained the general intent and purpose of the Official Plan and Zoning By-law, were minor in nature, and were desirable for the appropriate development of the land, subject to conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan Amendment, Zoning By-law Amendment, and Site Plan Control applications for a high-density residential development.

The Tribunal consolidated the appeals, approved a revised Procedural Order, and scheduled a 10-day video hearing.

The Ontario Land Tribunal held a case management conference regarding appeals by Camarro Development Inc. concerning the City of Burlington's failure to adopt requested official plan and zoning by-law amendments, and an appeal of a heritage designation by-law.

The Tribunal issued a procedural order on consent, setting the hearing dates, procedural steps, and the issues list for the upcoming hearing.

The City of Kawartha Lakes brought a motion for partial approval of Phase 4 appeals concerning Official Plan Amendments 13 and 16, which implement the Lindsay Secondary Plan.

The parties reached a settlement on the proposed policy and mapping modifications.

The Tribunal accepted uncontroverted expert planning evidence that the modifications are consistent with the Provincial Policy Statement and represent good planning.

To avoid potential policy conflicts between the new Secondary Plan and the existing Town of Lindsay Official Plan, the Tribunal ordered that its final approval be withheld until the Minister formally repeals the existing plan.

The appellants appealed the failure of the City of Cambridge and the Region of Waterloo to make decisions on applications for a Zoning By-law Amendment and a Draft Plan of Vacant Land Condominium to permit 11 single detached homes.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development and conditions of draft approval were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and represented good planning.

The appeals were allowed in part to implement the settlement.

The appellant appealed the Town of Oakville Committee of Adjustment's refusal of applications for consent and minor variances.

The appellant proposed to relocate an existing heritage dwelling on the subject property and sever the lot to create a new residential building lot.

The Town took no position on the appeals but requested that staff-recommended conditions be imposed if approved.

The Tribunal accepted the uncontroverted expert planning evidence that the proposal represents appropriate intensification, preserves a heritage resource, and meets the statutory tests under the Planning Act.

The appeals were allowed, the variances authorized, and provisional consent granted subject to conditions.

The applicant appealed the City's failure to approve a site plan for a 7-storey residential condominium within the statutory timeframe.

Prior to the hearing, the parties reached a settlement on a revised site plan and conditions.

Based on uncontroverted expert planning evidence, the Tribunal found the revised site plan met the requirements of section 41 of the Planning Act, was consistent with provincial policy, and conformed to the applicable official plans and zoning by-laws.

The Tribunal approved the site plan subject to the agreed-upon conditions.

The applicant appealed the City of Burlington's failure to make decisions on official plan and zoning by-law amendment applications, as well as a heritage designation, for a proposed 31-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Halton on consent.

The Tribunal scheduled a 10-day hearing on the merits and directed the parties to submit a draft procedural order and consolidated issues list.

The appellants appealed the Town of Oakville's adoption of a Community Benefits Charge By-law under s. 37(17) of the Planning Act.

At the first Case Management Conference, the Tribunal was advised that a settlement had been reached among most parties, but one appellant raised an issue regarding the Tribunal's jurisdiction to vary the prescribed 4% charge.

The Tribunal directed that appellant to bring a motion on the jurisdictional issue and scheduled a second Case Management Conference.

The appellant subsequently withdrew its appeal, and the Tribunal converted the scheduled hearing to consider the settlement among the remaining parties.

The applicants appealed the Town of Oakville Committee of Adjustment's denial of minor variances required to construct a garage addition, a side and rear yard addition, and a new accessory pool house on a property containing a designated heritage dwelling.

Prior to the hearing, the parties reached a settlement on an amended application with slightly reduced variances for lot coverage and accessory building height.

The Tribunal accepted uncontested expert planning evidence that the amended proposal respects the heritage resource, is compatible with the neighbourhood, and meets the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the amended variances were approved subject to conditions.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Niagara Escarpment Commission's conditional approval of a development permit application.

The application sought to subdivide a property into single-dwelling lots and townhouse blocks.

The Tribunal issued a Procedural Order, finalized the Issues List, and scheduled a four-day video hearing on the merits.

The applicant appealed the City of Burlington's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a 29-storey mixed-use building.

At the first Case Management Conference, the Ontario Land Tribunal granted party status to the Region of Halton and a condominium corporation, and participant status to one individual.

The Tribunal approved the Procedural Order and scheduled a 14-day video hearing on the merits.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

At a Case Management Conference for appeals against Grey County's Official Plan Amendment 11, the Town of Hanover requested party status.

The appellant, Magwood Family Farms, opposed the request, arguing the Town's involvement would be duplicative and unnecessary.

The Tribunal directed that the request for party status be determined via a formal motion at a later date.