Chloe Richer

The appellants objected to a municipal by-law designating their property as being of cultural heritage value under the Ontario Heritage Act.

Prior to the hearing, the parties reached a settlement and presented a proposed amending by-law to the Tribunal.

Based on uncontroverted expert heritage planning evidence, the Tribunal found the property met the prescribed criteria for designation, specifically for its Gothic Revival design and contextual value.

The Tribunal allowed the appeal in part to amend the by-law's description of heritage attributes in accordance with the settlement.

The appellant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 20-storey and 18-storey mixed-use development.

The Tribunal found that the proposed development represented over-intensification and was not compatible with the existing low-to-mid-rise neighbourhood character.

The Tribunal also noted the lack of a required Visual Impact Assessment to evaluate impacts on adjacent cultural heritage resources, including Battlefield Park.

The appeal was dismissed, and the Zoning By-law Amendment was not approved.