Jeffrey Port

The appellant appealed the City of Kenora's passage of official plan and zoning by-law amendments intended to convert the western half of Central Park into residential development.

The Tribunal found that the proposed instruments were not consistent with the Provincial Policy Statement and did not conform with the City's Official Plan, as they failed to adequately protect necessary parkland and open space.

Furthermore, the City failed to demonstrate that the proposed sensitive residential land use would be compatible with a nearby railyard facility, and inappropriately attempted to defer necessary noise and compatibility studies to the site plan approval stage.

The appeals were allowed and the by-law was repealed.

The appellant appealed the Town's approval of a Zoning By-law Amendment to facilitate the redevelopment of a former school site into a seniors' residence, an Early ON Family Centre, and five eightplexes.

The appellant argued the public process was flawed due to COVID-19 restrictions and that the existing play area should be preserved as a municipal park.

The Tribunal found the public process complied with statutory requirements and emergency orders.

The Tribunal also determined the play area was not a municipal park and the development represented good land use planning by providing affordable and seniors' housing.

The appeal was allowed in part on an interim basis to require a revised conceptual site plan and draft by-law.