Tribunal approves settlement amending heritage study area by-law to exempt property with pre-existing building permit application.
The appellants appealed a City of Hamilton by-law designating a heritage conservation study area, which prevented them from obtaining building permits to demolish existing structures and construct a new detached dwelling on their property.
The parties reached a settlement to amend the by-law to exempt properties with complete building permit applications submitted prior to the by-law's passage, subject to design modifications for the new dwelling.
The Tribunal accepted uncontested expert planning evidence that the settlement was appropriate and the new design was sympathetic to the neighbourhood's character, allowing the appeal in part to amend the by-law.
OLTOntario Land TribunalJul 11, 2023
