David Stewart

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.

The appellant appealed the Town's Committee of Adjustment decision refusing applications for consent to sever and minor variances to facilitate the creation of three residential lots and the construction of three single-detached dwellings.

The Ontario Land Tribunal allowed the appeals, finding that the proposed consents had regard to Provincial interests and satisfied the criteria under section 51(24) of the Planning Act.

The Tribunal also found that the requested minor variances met the four tests under section 45(1) of the Planning Act, as they represented appropriate and desirable infill development compatible with the neighbourhood's character.

The appellants appealed the City of Brampton's adoption of an Official Plan Amendment and Zoning By-law Amendment that permitted a 360-unit residential subdivision on a 19.99-hectare infill site.

The appellants, representing residents of surrounding upscale executive housing neighborhoods, argued the proposed inclusion of townhouses and smaller lots was incompatible with the area's character and would cause traffic congestion.

The Tribunal dismissed the appeals, accepting the expert planning, urban design, and traffic evidence of the City and the developer.

The Tribunal found that the proposal represented a modernized form of executive housing that complied with provincial intensification policies while remaining compatible with the existing communities.