Appeal dismissed; City may require additional parkland dedication where proposed development changes from commercial to residential.
The applicant appealed the City's failure to make a decision on a site plan application for a 1,900-unit residential development.
The sole issue was parkland dedication.
The applicant argued the City was bound by a 2005 Site Plan Agreement (SPA) that required only 2% cash-in-lieu of parkland.
The City sought a 10% dedication based on its current by-law, arguing the 2005 SPA contemplated only commercial/industrial uses.
The Tribunal dismissed the appeal, finding that the 2005 SPA was predicated on commercial uses, and under s. 42(7)(b) of the Planning Act, the City had the authority to demand additional parkland conveyance because the lands were now proposed for residential development.
OLTOntario Land TribunalJun 9, 2021
