Russell Mathew

The appellant sought to modify the City of Toronto's Official Plan Amendment 231 to redesignate a 3.5-acre site from General Employment to Mixed Use Areas, permitting residential development alongside existing employment uses.

The City opposed the conversion, arguing it would fragment the South of Eastern Employment Area and risk land use conflicts with nearby impactful industries.

The Ontario Land Tribunal allowed the appeal, finding that the site was underutilized, not required over the long term for employment purposes, and that the proposed conversion would optimize land use by providing needed housing, including affordable housing, without adversely affecting the viability of the employment area.

The appellants appealed the Vaughan Official Plan and the Vaughan Mills Centre Secondary Plan, seeking to convert a portion of their employment lands to a Mixed Use designation to permit residential development.

The tribunal applied the conversion tests under the Growth Plan for the Greater Golden Horseshoe.

While finding that the proposed concept plan had qualitative merits and could address need, the tribunal concluded that the conversion failed to maintain a significant number of jobs on the lands and would adversely affect the overall viability of the surrounding employment area.

The tribunal denied the requested conversion and the related request to identify the lands as a Primary Centre, directing the parties to prepare modifications for a Phase 2 hearing.