Peter F. Smith

The appellant appealed the City of Toronto's failure to make a decision on applications for a Zoning By-law Amendment and Site Plan Approval to permit a 66-storey mixed-use building.

Following mediation, the parties reached a settlement on the zoning appeal, which included revisions to the building's podium height, massing, and architectural design to better respond to the surrounding heritage context and adjacent residential buildings.

The Tribunal accepted uncontested expert planning evidence that the revised proposal is consistent with the Provincial Planning Statement and conforms to the Official Plan.

The Tribunal allowed the appeal in part, approving the draft Zoning By-law Amendment in principle, and adjourned the Site Plan appeal sine die.

The applicant appealed the City of Brampton's refusal of a zoning by-law amendment to permit a 29-storey mixed-use building.

The subject property was designated Mixed-Use Two (MU2), which limits height to 20 storeys and density to 3.0 FSI.

The applicant argued that a secondary plan policy allowed for greater height and density with justification, without needing an official plan amendment.

The Tribunal found that the correct density calculation was 9.53 FSI based on net site area.

The Tribunal held that while the exception policy was permissive, it could not be used to 'leapfrog' the maximum height and density of the next higher designation, as doing so would undermine the foundational hierarchy of designations in the Secondary Plan.

The appeal was dismissed as the proposal did not conform to the official plan.

The appellants appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use building at 778-788 King Street West.

The parties reached a settlement for a 20-storey building that conserves the principal heritage elevation.

Based on uncontradicted expert planning evidence, the Tribunal found the proposal represents appropriate intensification and is compatible with the surrounding built form.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment in principle, withholding the final order until various conditions, including servicing and heritage agreements, are satisfied.

The applicant appealed the City's failure to make a decision on a zoning by-law amendment application to permit a 25-storey mixed-use building.

The parties reached a settlement for a revised 24-storey building.

Based on uncontradicted expert planning evidence, the Tribunal found the revised proposal represented appropriate intensification and was compatible with the surrounding built form.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment in principle, withholding the final order pending the fulfillment of several conditions.

The applicant appealed the City of Toronto's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development.

Prior to the hearing, the parties reached a settlement for a revised 11-storey building.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan and the City's Official Plan.

The appeals were allowed in part, and the planning instruments were approved in principle, with the final order withheld pending the satisfaction of several conditions.

The appellant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application for a 143-unit mixed-use development.

The parties reached a settlement involving revisions to the development, including increased setbacks, reduced podium height, and enclosed loading areas.

The Tribunal accepted uncontested expert planning evidence that the revised proposal represents good planning, is consistent with the Provincial Policy Statement, and conforms to the Growth Plan and City's Official Plan.

The Tribunal approved the settlement in principle and withheld its final order pending the fulfillment of several conditions.