D. Sunday

The applicant appealed the Committee of Adjustment's refusal of twelve minor variances intended to permit a four-storey townhouse complex.

Prior to the scheduled hearing, the appellant withdrew the appeal.

The Toronto Local Appeal Body acknowledged the withdrawal, vacated the hearing, and dismissed the appeal.

The Tribunal issued an amending decision under Rule 24.4 of its Rules of Practice and Procedure to correct a typographical error in a previous decision.

The amendment corrected the hearing start date, confirming that the hearing would commence on February 6, 2023, and approved the revised Procedural Order.

The Ontario Land Tribunal heard motions regarding appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

Sheltering parties Castandgrey and Country sought to refuse the appellants' partial withdrawal of appeals, arguing the entire Elfrida Area should remain under consideration for urban expansion.

The Tribunal allowed the motions in part, ruling that while it would not refuse the scoping of issues, the full Elfrida Area potential urban boundary remains under appeal and the Ministry's modifications for non-appellant lands are not in force.

A separate motion by LIV Developments Ltd. for party status was denied as it did not advance the public interest and would result in a multiplicity of proceedings.

The Region of Waterloo brought a motion seeking approval of a proposed final revision of the Issues List in the Procedural Order governing the merits hearing of an appeal concerning Regional Official Plan Amendment No. 2.

The Region argued that a prior Tribunal decision had made an issue estoppel finding that restricted the appellants from raising certain provincial policy and plan issues.

The Tribunal agreed, finding that the prior estoppel decision was binding and had been upheld by the Divisional Court.

The Tribunal ordered the parties to submit a joint draft Procedural Order containing an Issues List in accordance with the prior estoppel decision.

The applicant appealed the failure of the Regional Municipality of Waterloo and the City of Cambridge to make decisions on a proposed draft Plan of Subdivision and Zoning By-law Amendment for a 48-hectare site.

At a settlement hearing, the Tribunal accepted uncontested expert planning evidence that the proposed residential development and environmental protection areas satisfy all statutory requirements, including conformity with the Growth Plan and consistency with the Provincial Policy Statement.

The Tribunal allowed the appeals in part, approving the draft Plan of Subdivision and the Zoning By-law Amendment.