Leigh McGrath

The applicant appealed the City's failure to enact an Official Plan Amendment and Zoning By-law Amendment to permit a 45-storey mixed-use building.

The parties reached a settlement proposal, which included the partial retention and adaptive reuse of a heritage building on the site.

The Tribunal accepted the uncontradicted planning evidence that the settlement proposal was consistent with provincial policy and conformed to the City's Official Plan.

The Tribunal allowed the appeals in part and approved the amendments in principle, withholding its final order until certain conditions, including a heritage easement agreement and functional servicing report, were satisfied.

Multiple appeals were filed regarding the City of Toronto's adoption of Official Plan Amendment 469 and the Sherway Area Secondary Plan.

Cadillac Fairview Corporation Limited and the City presented a settlement proposal to resolve Cadillac Fairview's site-specific appeals concerning 25 The West Mall.

Based on uncontested expert planning evidence, the Tribunal found the settlement proposal has regard for matters of provincial interest, is consistent with the Provincial Planning Statement, and conforms to the Official Plan.

The Tribunal allowed the appeals in part to implement the settlement.

The City of Richmond Hill brought a motion for directions regarding the application of s. 17(36.1.4) of the Planning Act to appeals of its Official Plan Amendment 41 (OPA 41).

The Tribunal found that the angular plane requirements in Policy 10.3.4 function to set maximum heights and are therefore unappealable.

The Tribunal also found that the maximum density policies in Policy 10.3.6 identify maximum densities within a Protected Major Transit Station Area and are unappealable, with the exception of subsection 5.

The Tribunal ordered the parties to prepare an Issues List reflecting these findings and confirmed that certain unappealed policies of OPA 41 are in full force and effect.