Matthew Johnston

The applicant sought to implement a 2014 Ontario Municipal Board decision approving the development of lands at 125 Golf Road in Brantford.

The applicant requested to increase the number of single-detached residential lots on the southern portion of the lands from 15 to 18, which the City supported.

Based on uncontested planning evidence, the Ontario Land Tribunal approved the revised Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision, finding them consistent with statutory tests and good planning.

Following an interim order allowing appeals regarding an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision for a five-building industrial subdivision, the parties finalized the Draft Plan Conditions.

The Ontario Land Tribunal issued a final order approving the Draft Plan of Subdivision and the associated conditions, and granted the City of Hamilton the authority to clear the conditions.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 9-storey mixed-use building and two townhouse blocks.

The municipality opposed the 9-storey building, arguing it did not conform to the 3-storey height limit in the applicable secondary plan.

The Tribunal allowed the appeals, preferring the applicant's planning evidence that the proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good planning by providing appropriate residential intensification on an under-utilized site along a major arterial road.

The Tribunal found the municipality's reliance on the dated secondary plan policies to be overly rigid and unreasonable.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a nine-storey, 216-unit residential apartment building.

The City argued the proposal represented excessive intensification and was incompatible with the surrounding low-rise neighbourhood.

The Tribunal preferred the applicant's evidence, finding the subject property is located in an area in transition and is an appropriate location for higher-density intensification under the Urban Hamilton Official Plan.

The Tribunal concluded the proposed development is compatible with the surrounding area, will not cause unacceptable adverse impacts, and represents good planning.

The appeals were allowed in part to approve the planning instruments.