Stewart Elkins

The applicant appealed the Town's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, draft plan of subdivision, and heritage permits to facilitate a residential subdivision on the former Rand Estate.

The Tribunal approved the OPA to correct the urban boundary but found the proposed subdivision design unacceptable due to inadequate vehicular access safety, insufficient protection of cultural heritage landscapes and attributes, and unacceptable impacts to mature trees and a wetland.

The Tribunal issued an interim order granting some heritage permits in principle while directing the applicant to substantially redesign the subdivision to conserve key heritage features in situ, retain the wetland, and secure safe access, potentially through a shared access with adjacent lands.

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 27-storey mixed-use building.

The Tribunal found that the proposed development is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents an appropriate level of intensification for the site, which is located in an Urban Growth Centre.

The Tribunal allowed the appeals and approved the amendments in principle, subject to conditions including the provision of a 2.0-metre road widening dedication to the City to enhance the public realm.

The appellant appealed the City of Welland's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Vacant Land Condominium to permit a residential development consisting of 85 townhouses and a 50-unit apartment building.

The Tribunal reviewed five disputed conditions of draft plan approval related to road construction, wetland infrastructure, and a transportation impact study.

Relying on the appellant's expert evidence, the Tribunal found the disputed conditions unreasonable and ordered them removed.

The appeal was allowed in part, approving the modified Official Plan Amendment, Zoning By-law Amendment, and Draft Plan subject to the remaining conditions.