Ali Meghani

The applicant brought a motion requesting the Tribunal deem the pre-conditions to its Interim Order satisfied, allowing its appeals for an Official Plan Amendment and Zoning By-law Amendment to proceed.

The City opposed, arguing that conditions relating to functional servicing and municipal infrastructure upgrades were not met due to concerns over the F-5-5 Guideline and combined sewer capacity.

The Tribunal found that the F-5-5 Guideline did not apply to the subject site and accepted the applicant's expert evidence that the existing municipal infrastructure had sufficient capacity to accommodate the development.

The motion was granted, and the pre-conditions were deemed satisfied.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 10-storey residential condominium and 10 townhouses.

The core issue was whether redesignating a portion of the site from 'Neighbourhoods' to 'Mixed Use Areas' was appropriate.

The Tribunal preferred the evidence of the applicant's experts, finding that the proposed development represents good planning, provides appropriate transition to the adjacent low-rise neighbourhood, and conforms to provincial and municipal policies.

The appeals were allowed in part, approving the development in principle subject to conditions.