Tribunal approves 46-storey transit-oriented development, finding it lacks jurisdiction to expand OPA boundaries post-appeal.
The applicant appealed the City's refusal of an Official Plan Amendment and failure to make a decision on a Zoning By-law Amendment to permit a 46-storey mixed-use building.
At the outset, the Tribunal held a motion hearing and determined it lacked jurisdiction under s. 17(50.1) of the Planning Act to consider an expansion of the OPA to include adjacent lands that were not part of the original application or appeal.
On the merits, the Tribunal allowed the appeals in principle, finding that the proposed reclassification to 'Station Area Core' and the 46-storey height were appropriate given the site's proximity to a new LRT station.
The Tribunal also approved the proposed 5.5 m tower setback to the north and 6.0 m base building setback along Bayview Avenue, preferring the applicant's expert evidence over the City's.
OLTOntario Land TribunalMar 19, 2025
