Christienne Uchiyama

The appellants appealed the Town of Oakville's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and a heritage permit to facilitate a 52-unit townhouse development on an assembly of lands that included a designated heritage property and lands adjacent to a natural heritage system.

The Tribunal allowed the appeals in part, approving the development in principle subject to conditions.

The Tribunal found that the 15-metre buffer to the valleylands must be designated and zoned as Natural Area, but permitted its use as a Privately Owned, Publicly Accessible Space (POPS) for passive recreation.

The Tribunal also found that the proposed development conserved the cultural heritage resources of the site, represented an appropriate level of intensification, and was compatible with the character of the surrounding stable residential neighbourhood.

The appellant appealed the City of Toronto's refusal to issue a demolition permit for two semi-detached cottages designated under the Ontario Heritage Act.

The appellant argued that the properties had lost their heritage integrity due to extensive alterations over time and were in poor condition, making demolition and replacement appropriate.

The City maintained that the properties retained their heritage attributes and that demolition was inconsistent with heritage conservation policies.

The Tribunal dismissed the appeal, finding that the original designation was supportable and that the alternatives of rehabilitation and preservation had not been fully explored, concluding that demolition is a means of last resort.

The City of Markham passed a by-law designating a property containing a one-storey brick dwelling as a heritage property under the Ontario Heritage Act.

The property owner appealed the designation to the Ontario Land Tribunal.

The Tribunal evaluated the property against the prescribed criteria and found that while it met the criterion for design or physical value as a modest Ontario Cottage style tradesman's dwelling, it did not meet the criteria for historical or contextual value.

Because a property must meet a minimum of two criteria to be eligible for designation, the Tribunal allowed the appeal and ordered the by-law repealed.

The City of Markham passed a by-law designating a 1890s farmhouse as a property of cultural heritage value under the Ontario Heritage Act.

The applicant appealed the designation, arguing that the property only met one of the required criteria.

The Tribunal found that while the property met the criterion for design value as a representative Gothic Revival farmhouse, it did not meet the criteria for historical or contextual value.

As a property must meet at least two criteria to be eligible for designation, the Tribunal allowed the appeal and ordered the by-law repealed.

The applicant brought a motion to separate and defer its site plan appeal from its official plan and zoning by-law amendment appeals, and to strike certain issues from the issues list.

The Town brought a cross-motion to strike issues related to heritage demolition, arguing the Tribunal lacked jurisdiction, and to add issues regarding conformity with the Oak Ridges Moraine Conservation Plan.

The Tribunal ordered that the appeals be heard together, finding that the site plan details were central to determining the appropriateness of the proposed drive-through use.

The Tribunal also struck the heritage demolition issues, finding it lacked jurisdiction until a heritage permit application was decided by the Town, and allowed the addition of the conformity issues.

The appellant appealed the municipality's designation of its property under the Ontario Heritage Act, arguing the property had not been properly evaluated and the heritage attributes were not adequately described.

Prior to the hearing, the parties reached a settlement based on a Cultural Heritage Evaluation Report prepared by the appellant's expert.

The Tribunal allowed the appeal in part, ordering that the property be designated in accordance with an amended by-law that accurately reflects the property's cultural heritage value and attributes as identified in the expert report.