Jennifer Luong

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 applicant appealed a Committee of Adjustment decision refusing a minor variance to permit a change to the legal non-conforming use of an existing commercial building from an automobile service station to an equipment rental and repair business.

The Tribunal found that the legal non-conforming use had continued and evolved in accordance with the principles in Saint-Romuald, as the new use was similar in nature and did not involve heavy vehicles.

The Tribunal concluded that the use was appropriate for the area and that the City failed to demonstrate any undue adverse impacts.

The appeal was allowed and the continuation of the non-conforming use was authorized.