Peter Yu

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 appellants appealed the County's Official Plan Amendment 2 (OPA 2) and the Township's failure to make a decision on related official plan and zoning by-law amendments, which would permit an Environmental Resource Recovery Centre (ERRC) in a significant woodland.

The appellants argued the facility would have negative impacts on the natural heritage system and did not qualify for exemptions under the Growth Plan.

The Tribunal found that the proposed facility would not cause negative impacts to the significant woodlands or wildlife habitat, and that the required off-site afforestation and reforestation provided appropriate compensation.

The Tribunal dismissed the appeals against OPA 2 and approved the related amendments in part, finding them consistent with the Provincial Policy Statement and in conformity with the Growth Plan.