Appeal of Official Plan Amendment dismissed without a hearing for failing to disclose legitimate planning grounds.
The appellant appealed the City's approval of an Official Plan Amendment that permitted redevelopment and increased heights, arguing it failed to provide sufficient affordable housing and violated the Charter and Human Rights Code.
The applicant brought a motion to dismiss the appeal without a hearing under s. 17(45) of the Planning Act.
The Tribunal granted the motion, finding that the appeal failed to disclose any legitimate land use planning grounds, as the City's Official Plan only encouraged a target for affordable housing and the City had not enacted inclusionary zoning.
The appellant also failed to provide evidence to support its Charter and Human Rights Code claims.
OLTOntario Land TribunalMay 19, 2022