Appeals allowed for 29-storey mixed-use development; Tribunal rejects City's attempt to apply emerging policies.
The applicant appealed the City of Burlington's failure to adopt an Official Plan Amendment and Zoning By-law Amendment to permit a 29-storey mixed-use building in the Downtown Core Precinct.
The City brought a motion to adjourn the hearing based on a Minister's oral announcement suggesting the Urban Growth Centre boundary would be moved, but the Tribunal dismissed the motion, applying the Clergy principle to assess the application under the policies in force at the time it was submitted.
On the merits, the City argued the building should be limited to 22 storeys due to shadow, wind, and urban design impacts.
The Tribunal preferred the evidence of the applicant's experts, finding no unacceptable impacts and concluding that the 29-storey proposal optimized the use of land, conformed to all relevant provincial and municipal policies, and represented good planning.
The appeals were allowed.
OLTOntario Land TribunalOct 27, 2021
