Robin McKillop

The applicant appealed the City of Toronto's failure to adopt an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application to permit a 4-tower high-rise residential development on a portion of a former golf course, with the remainder dedicated as public open space.

The City and the Toronto and Region Conservation Authority opposed the development, arguing it was located in a hazardous area (erosion hazard) and would negatively impact the natural heritage system.

The Tribunal found that the development site, located on a stable paleo terrace, was safe from natural hazards and that the proposed mitigation and restoration measures would result in no net negative impact on the natural heritage system.

The Tribunal allowed the appeals in part, approving the OPA and ZBA in principle, while adjourning the Site Plan Application to allow the parties to resolve outstanding technical issues.

The appellant appealed the Toronto and Region Conservation Authority's refusal to grant a permit for the construction of a single-family dwelling on a vacant lot located within a floodplain and riverine erosion hazard area.

The Tribunal found that the appellant failed to demonstrate that the proposed development would have no negative impact on the control of flooding and erosion under O Reg 166/06.

Furthermore, the Tribunal determined that the proposed development was inconsistent with the Provincial Policy Statement, 2020, as it would be located within a floodway and lacked safe access for vehicles and pedestrians during a flood event.

The Tribunal also found the proposal inconsistent with the conservation authority's internal policies prohibiting new development in flood hazards.

The appeal was dismissed.