The City of London brought a motion to dismiss two appeals of a zoning by-law amendment that permitted a mixed-use development with 490 residential units.
The City argued the appeals were statute-barred under s. 34(19.5) of the Planning Act because the subject lands were located within a Protected Major Transit Station Area (PMTSA).
The Tribunal found that Westdell's appeal, which challenged only the distribution of affordable housing units among the proposed buildings, did not attack the permitted use, height, or density, and could therefore proceed.
The Tribunal also found that Dementia Care's appeal, which raised concerns about shadowing, traffic, and parking, was not exclusively related to height and density.
The Tribunal dismissed the City's motion in part, allowing both appeals to proceed to a hearing with specific limitations on the issues that could be raised.
