Rajan Philips

The appellant appealed the City of Waterloo's failure to make a decision on official plan and zoning by-law amendment applications to permit a mixed-use, master-planned community with approximately 1,800 residential units.

The Tribunal found that the proposed 'Mixed-Use High Density Residential' designation was appropriate and ordered a minimum requirement of 3,000 square metres of non-residential gross floor area.

The Tribunal also approved requested relief for building heights and tower floorplates, finding that detailed urban design, transportation, and parkland dedication matters would be appropriately addressed through the subsequent site plan approval process.

The appeals were allowed in part to approve the revised instruments with modifications.

Appeals were brought against the approval of an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use development in Cambridge.

The applicant appealed a Holding Provision in the ZBA that required the realignment of an existing access easement to provide access to an abutting landlocked property.

A neighbouring property owner appealed both instruments, arguing they were premature until interconnected access was secured in the OPA.

The Tribunal dismissed all appeals, finding that the Holding Provision was an appropriate use of section 36 of the Planning Act, supported by the Official Plan, and represented good planning in the public interest by ensuring safe, two-way interconnected access.

The Tribunal declined to modify the OPA, concluding the Holding Provision sufficiently addressed the access issue.