Tribunal approves high-density development and brownfield remediation, but prohibits development within the Provincially Significant Wetland.
The applicant appealed the City of Kingston's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a high-density, mixed-use development on a contaminated brownfield site.
The proposed development includes the remediation of the site, which features a Provincially Significant Wetland and is adjacent to the Rideau Canal UNESCO World Heritage Site.
The Tribunal found that the proposal is consistent with the Provincial Policy Statement and conforms to the City's Official Plan, as it promotes efficient land use, intensification, and brownfield remediation.
However, the Tribunal did not accept jurisdiction over the capping of the wetland itself, as the PPS prohibits development in such areas, and instead approved the applicant's alternative requested relief.
OLTOntario Land TribunalJul 25, 2025