Andrea Sinclair

The appellant appealed the City of Waterloo's failure to make a decision on official plan and zoning by-law amendment applications to permit a mixed-use, master-planned community with approximately 1,800 residential units.

The Tribunal found that the proposed 'Mixed-Use High Density Residential' designation was appropriate and ordered a minimum requirement of 3,000 square metres of non-residential gross floor area.

The Tribunal also approved requested relief for building heights and tower floorplates, finding that detailed urban design, transportation, and parkland dedication matters would be appropriately addressed through the subsequent site plan approval process.

The appeals were allowed in part to approve the revised instruments with modifications.

The appellant appealed the City of Kitchener's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 19-storey rental apartment building located within a Major Transit Station Area and the Civic Centre Neighbourhood Heritage Conservation District.

The City and a neighbourhood association opposed the development, arguing it was incompatible with the heritage character and too tall for the site.

The Tribunal allowed the appeals, finding the proposal consistent with the Provincial Planning Statement 2024, as it directs intensification to an underutilized site near transit.

The Tribunal preferred the appellant's expert evidence that the building's design mitigates adverse impacts on privacy, overlook, and cultural heritage resources, and meets the overall intent of the City's Urban Design Manual and Heritage District Plan.

The City of Thorold brought a motion to resolve part of an appeal against its Comprehensive Zoning By-law No. 60-2019.

Based on the uncontested expert planning evidence, the Ontario Land Tribunal found that the proposed amendments to the residential zones and zoning definitions were consistent with provincial policies and conformed to the applicable official plans.

The Tribunal allowed the appeal in part, approved the amendments, and adjourned the remainder of the appeal.

The applicant appealed the municipality’s non-decisions on official plan and zoning amendments and also challenged notices of intention to designate and refusals of demolition permits for two heritage dwellings on a greyfield main street site proposed for mixed-use intensification.

The Tribunal held that planning policy at the provincial, regional and local levels supported medium-scale intensification on the site, but that heritage policy and the evidence required retention of both dwellings in substantial form rather than demolition or near-total removal with commemoration.

The Tribunal preferred the municipal heritage evidence that the houses function as visual touchstones in a broader historic streetscape tied to fruit-farming history and that demolition should remain a last resort.

It therefore recommended designation of both properties, denied the demolition relief as sought, and allowed the planning appeals in part by approving the official plan and zoning amendments in principle subject to redesign consistent with the heritage findings.

The applicant appealed the Town of Orangeville's refusal of consent, minor variance, and zoning by-law amendment applications intended to facilitate the creation of a new single-detached residential lot and two semi-detached units on a property containing a heritage dwelling.

The parties reached a settlement prior to the hearing.

Based on uncontradicted expert planning evidence, the Tribunal found the proposed development consistent with the Provincial Policy Statement, in conformity with the Growth Plan and applicable Official Plans, and compliant with the criteria for consent under the Planning Act.

The Tribunal allowed the appeals, provisionally granted the consent, approved the zoning by-law amendment, and dismissed the minor variance application as redundant.

The applicant appealed the City of Waterloo's failure to make a decision on a Zoning By-law Amendment application to permit a high-rise residential redevelopment.

The parties reached a settlement proposing two 24-storey towers and the removal of a heritage building, with community benefits provided in exchange for increased density.

The Tribunal approved the settlement, finding it consistent with the Provincial Policy Statement, in conformity with the Growth Plan and local Official Plans, and representing good planning.

The Applicant/Appellant appealed the City of Hamilton's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit the development of five street townhouse dwellings on a property previously used as a Masonic Hall.

The Tribunal found that the proposed development had regard for provincial interests, was consistent with the Provincial Policy Statement, conformed to the Growth Plan and the Urban Hamilton Official Plan, and represented good land use planning.

The Tribunal allowed the appeals in part and approved the requested amendments.

The appellant appealed the approval of a consent to sever and a minor variance for lot frontage to allow the creation of two lots for single detached dwellings.

The Tribunal accepted uncontested expert planning evidence that the proposal represents sensitive intensification, conforms to the Official Plan, and meets the criteria for severance and minor variances.

The appeal was dismissed, provisional consent was granted, and the variance was authorized subject to conditions, including tree replacement.

The applicant appealed the City of Kitchener's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a master-planned, high-density, mixed-use development known as Station Park.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and conformed to the applicable Regional and City Official Plans.

The Tribunal allowed the appeals and approved the amendments.