Site plan appeal dismissed as it failed to conform to retroactively reinstated official plan under OPAA.
The appellant appealed the municipality's failure to make a decision on a site plan control application for an eight-storey mixed-use building.
While the parties agreed on most conditions, they disputed a Visual Impact Assessment condition, which the Tribunal found reasonable.
The central issue was the effect of the newly enacted Official Plan Adjustments Act, 2023 (OPAA), which retroactively revoked the Ministerially Approved official plan that had facilitated the development's height and density.
The Tribunal held that s. 3(2) of the OPAA imposes a mandatory official plan conformity test on site plan appeals, and that the deemed conformity provision in s. 24(4) of the Planning Act could not save the site plan because the underlying official plan was deemed never to have existed.
Finding the site plan did not conform to the retroactively reinstated official plan, the Tribunal dismissed the appeal.
OLTOntario Land TribunalApr 3, 2024
