Jeff Thompson

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application to permit a 4-tower high-rise residential development on a portion of a former golf course, with the remainder dedicated as public open space.

The City and the Toronto and Region Conservation Authority opposed the development, arguing it was located in a hazardous area (erosion hazard) and would negatively impact the natural heritage system.

The Tribunal found that the development site, located on a stable paleo terrace, was safe from natural hazards and that the proposed mitigation and restoration measures would result in no net negative impact on the natural heritage system.

The Tribunal allowed the appeals in part, approving the OPA and ZBA in principle, while adjourning the Site Plan Application to allow the parties to resolve outstanding technical issues.

The applicants applied to the Normal Farm Practices Protection Board for a determination that clear cutting 16 to 35 acres of woodland on their property to establish additional farmland was a 'normal farm practice' exempt from the county's forest conservation by-laws.

The Board found that while the applicants were farmers and the practice was connected to an agricultural operation, clear cutting was not a normal farm practice on this specific site.

The lands were zoned for natural environment protection, contained provincially significant wetlands, and were subject to conservation authority regulations.

The environmental concerns and potential for catastrophic soil erosion outweighed the agricultural interests.