Development appeal allowed to be revised; proposed 8-storey building failed to conserve cultural heritage landscape.
The Appellants appealed the Town of Caledon's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit an 8-storey residential condominium on a site within the Humber River Valley Corridor and the Bolton Heritage Conservation District.
The Town and TRCA brought a motion to strike portions of the Appellants' reply witness statements, which the Tribunal dismissed, noting the difference between pre-hearing disclosure and trial evidence.
On the merits, the Tribunal found that while the site is suitable for intensification and does not pose an unacceptable erosion hazard, the proposed development's scale, height, and massing fail to conserve the significant cultural heritage landscape.
The Tribunal declined to approve the proposed development but did not dismiss the appeal, allowing the Appellants to submit a revised, smaller-scale proposal.
OLTOntario Land TribunalMay 16, 2022