Olivia Robinson

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 City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to facilitate a five-building industrial subdivision.

The proposal included relocating and expanding an existing wetland to create a natural heritage compensation area.

The Tribunal preferred the evidence of the applicant's experts, finding that the proposal was consistent with the Provincial Planning Statement, conformed to the Urban Hamilton Official Plan, and represented good land use planning.

The Tribunal allowed the appeals, approving the Official Plan and Zoning By-law amendments, and approved the Draft Plan of Subdivision in principle on an interim basis pending finalization of conditions.