James Bar

The applicant appealed the City of Kingston's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a high-density, mixed-use development on a contaminated brownfield site.

The proposed development includes the remediation of the site, which features a Provincially Significant Wetland and is adjacent to the Rideau Canal UNESCO World Heritage Site.

The Tribunal found that the proposal is consistent with the Provincial Policy Statement and conforms to the City's Official Plan, as it promotes efficient land use, intensification, and brownfield remediation.

However, the Tribunal did not accept jurisdiction over the capping of the wetland itself, as the PPS prohibits development in such areas, and instead approved the applicant's alternative requested relief.

The appellant appealed the City of Kingston's approval of a zoning by-law amendment permitting a 35-unit townhouse development.

The appellant raised concerns regarding density, parking, and exceptions to zoning standards.

The Tribunal accepted the uncontested expert planning evidence that the by-law is consistent with the Provincial Policy Statement, conforms to the Official Plan, and represents good land use planning.

The appeal was dismissed.

The appellant appealed a Committee of Adjustment decision granting a minor variance to reduce the minimum setback from a floodplain from 7.6 metres to 5.0 metres to permit the construction of a single-family dwelling.

The appellant argued the lot was too small, the proposed septic system under the driveway was inappropriate, and the development was inconsistent with the Official Plan and Provincial Policy Statement.

The Tribunal dismissed the appeal, preferring the evidence of the applicant's and City's planners that the variance met the four tests under the Planning Act, and finding that concerns regarding the septic system and drainage were matters to be addressed at the building permit stage.