Robyn Brown

The applicant appealed the City of Niagara Falls' failure to make a decision on Official Plan and Zoning By-law Amendment applications to permit a mixed-use residential community on lands partially identified by the City and Region for future employment uses.

The Tribunal found that the applications were not consistent with the Provincial Policy Statement's requirement to plan for and protect employment areas.

The Tribunal declined to apply the Clergy Principle, finding that the applicant's attempt to rely on older policies was premature and contrary to the public interest in securing necessary employment lands.

The appeals were dismissed and the amendments refused.

Champagne Centre Ltd. appealed the City of Toronto's Official Plan Amendment No. 231 to permit a development including retail, personal service, and office space, as well as overnight accommodation for patients using on-site medical facilities.

The City and the appellant reached a settlement proposing a Site and Area Specific Policy (SASP).

Canadian Fuels Association opposed the settlement, arguing that the introduction of sensitive uses near its fuel terminals would negatively impact operations and pose public health and safety risks.

The Tribunal approved the SASP in principle, finding it consistent with provincial policies and the City's Official Plan.

The Tribunal accepted the appellant's expert evidence that potential risks were mitigated and rejected the opposing expert evidence, which relied on inapplicable foreign guidelines.