John McDermott

The appellants appealed the City of Toronto's Zoning By-law 607-2015, which rendered their existing asphalt plants legal non-conforming uses by adding a site-specific exception prohibiting such uses.

The Tribunal found that the by-law amendment was not a mere technical correction, lacked substantive planning rationale, and failed to provide certainty for traditional industries.

The Tribunal concluded that the exception was not consistent with the Provincial Policy Statement, did not conform to the Growth Plan or the Toronto Official Plan, and did not have regard for matters of provincial interest.

The appeal was allowed in part, and the City was directed to amend the by-law to remove the properties from the exception.

The appellants appealed the City of Toronto's Official Plan Amendment No. 231, which established policies and designations for Employment Areas.

The site-specific appeals concerned lands in the Milliken Employment Area.

Certain appellants sought to redesignate their lands from Core Employment to General Employment with a Site and Area Specific Policy to restrict retail uses, while others sought a conversion to Mixed Use Areas to permit high-density residential towers near a GO Transit station.

The Tribunal dismissed the appeals, preferring the evidence of the City's planner.

The Tribunal found that the Core Employment designation was appropriate to maintain separation distances from industrial uses, and that introducing sensitive residential uses into the employment area would disrupt existing businesses and was not justified by a demonstrated need.