Scott Penton

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.

The appellant appealed the City's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed mixed-use development.

Prior to the hearing, the parties reached a settlement based on a revised 18-storey proposal.

The Tribunal accepted uncontroverted expert planning and acoustic evidence that the revised ZBA is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the new City Official Plan, and adequately mitigates noise from the nearby railway.

The Tribunal dismissed the OPA appeal as moot and allowed the ZBA appeal in part to implement the settlement.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 26-storey mixed-use building.

The City argued for a maximum height of 17 storeys and a larger tower setback based on its unapproved 2020 Official Plan.

The Tribunal allowed the appeals in part, approving the 26-storey development.

The Tribunal found the proposal consistent with the Provincial Policy Statement and Growth Plan, noting it optimizes land use in an Urban Growth Centre, provides needed housing, and is compatible with the surrounding area without causing adverse impacts.

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.