Doug Annand

The appellant sought to modify the City of Toronto's Official Plan Amendment 231 to redesignate a 3.5-acre site from General Employment to Mixed Use Areas, permitting residential development alongside existing employment uses.

The City opposed the conversion, arguing it would fragment the South of Eastern Employment Area and risk land use conflicts with nearby impactful industries.

The Ontario Land Tribunal allowed the appeal, finding that the site was underutilized, not required over the long term for employment purposes, and that the proposed conversion would optimize land use by providing needed housing, including affordable housing, without adversely affecting the viability of the employment area.

The Ahmadiyya Muslim Jama'at Canada applied for an Official Plan Amendment and Zoning By-law Amendment to permit the development of a cemetery and accessory uses on lands designated as a prime agricultural area.

Neighbouring landowners appealed the municipal approvals under the Planning Act and the Funeral, Burial and Cremation Services Act.

The Tribunal found that the proposed cemetery is consistent with the Provincial Policy Statement, as there is an identified need for an Ahmadiyyan cemetery and no reasonable alternative locations exist.

The Tribunal also found that hydrogeological and traffic impacts can be appropriately managed through Site Plan Control.

The Tribunal concluded that the establishment of the cemetery is in the public interest, noting the Ahmadiyyan community's lack of a faith-based cemetery in Ontario.

The Planning Act appeals were allowed in part to implement the applicant's requested modifications to the planning instruments, and the FBCSA appeals were dismissed.