Lisa Stern

Windmill Developments Ltd. brought a motion to dismiss appeals by two individuals against the City of Ottawa's approval of an official plan amendment and zoning by-law amendment for a high-rise residential development.

The appellants argued the development did not comply with a policy regarding distance to a transit station and relied on outdated traffic data.

The Tribunal found that the appellants failed to provide expert evidence and that their grounds of appeal did not disclose legitimate planning grounds with a reasonable prospect of success.

The motion was granted and the appeals were dismissed.

The applicant appealed the City of Ottawa's failure to make decisions on Official Plan and Zoning By-law amendment applications for a proposed high-rise development.

The parties reached a settlement for a revised proposal consisting of two towers (38 and 40 storeys) with a public park and privately-owned publicly accessible space.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policy and the City's Official Plan, allowing the appeals in part to implement the settlement.