Pascal Monat

The applicant appealed the City's refusal of an Official Plan Amendment and failure to make a decision on a Zoning By-law Amendment to permit a 46-storey mixed-use building.

At the outset, the Tribunal held a motion hearing and determined it lacked jurisdiction under s. 17(50.1) of the Planning Act to consider an expansion of the OPA to include adjacent lands that were not part of the original application or appeal.

On the merits, the Tribunal allowed the appeals in principle, finding that the proposed reclassification to 'Station Area Core' and the 46-storey height were appropriate given the site's proximity to a new LRT station.

The Tribunal also approved the proposed 5.5 m tower setback to the north and 6.0 m base building setback along Bayview Avenue, preferring the applicant's expert evidence over the City's.

The applicant appealed the City of Hamilton's failure to make a decision on an Official Plan Amendment and Zoning By-law Amendment to permit a high-rise development consisting of 30-storey and 39-storey towers.

The City opposed the development, arguing it exceeded the height of the Niagara Escarpment and conflicted with the Downtown Hamilton Secondary Plan.

The Tribunal allowed the appeals in part on an interim basis, finding that the proposal is consistent with the Provincial Planning Statement's goals for intensification and land optimization in a transit-oriented area.

The Tribunal concluded that the building heights would not negatively impact views of the Niagara Escarpment and that shadow, wind, and servicing issues could be adequately addressed through the site plan process.