Derek Waltho

The appellants appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment, as well as the refusal of a Heritage Permit Application, to permit an 85-storey mixed-use building at Yonge and Gerrard Streets.

The Tribunal dismissed the appeals, finding that the subject site is too small to accommodate the proposed tall building.

The Tribunal concluded that the proposed tower setbacks and separation distances would result in unacceptable impacts on privacy, sky view, and daylighting for adjacent properties, including the existing Chelsea Hotel.

Furthermore, the proposed loading and servicing configuration, which relied on a turntable and a new driveway access, presented unresolved operational challenges and would negatively impact the public realm.

The Tribunal held a settlement hearing regarding appeals of the City of Toronto's adoption of the Garden District Heritage Conservation District designation and Plan.

Based on uncontroverted expert evidence in heritage planning, urban design, and land use planning, the Tribunal found the revised Plan consistent with the Provincial Policy Statement, in conformity with the Growth Plan and City Official Plan, and appropriate under the Ontario Heritage Act.

The appeals were allowed in part to replace the original Plan with the revised settlement version.