Andrea Dear

The applicant appealed the City of Mississauga's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan to permit a 40-storey apartment building.

The City argued the building should be limited to 32 storeys and raised concerns about the floorplate size and amenity space.

The Tribunal allowed the appeal in part, approving the 40-storey height and 850 square metre floorplate, finding them compatible with the surrounding context.

However, the Tribunal required the amenity space to be increased to the standard 5.6 square metres per unit and excluded a narrow balcony from the amenity space calculation.

The applicant brought a motion for directions 15 months after a consent order was issued, seeking to amend a zoning by-law condition regarding section 37 community benefits.

The applicant argued the Tribunal lacked jurisdiction to approve a by-law referencing a repealed provision of the Planning Act.

The Tribunal dismissed the motion, finding it was effectively an untimely request for review under Rule 25 of the OLT Rules.

The Tribunal emphasized that settlement hearings should not be lightly disturbed and declined to rule on whether it was functus officio.

The applicant appealed the City of Mississauga's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and draft plan of subdivision to permit a six-storey residential condominium and five detached residential lots.

The parties reached a settlement prior to the hearing.

Based on the uncontested expert planning evidence, the Tribunal found the proposed development and planning instruments were consistent with the Provincial Policy Statement and conformed to the Growth Plan, Region of Peel Official Plan, and City Official Plan.

The Tribunal allowed the appeal in part and approved the instruments in principle, withholding its final order pending the final form of the instruments.