Tim O'Brien

The applicant appealed the City of Kingston's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit a high-density, mixed-use development on a contaminated brownfield site.

The proposed development includes the remediation of the site, which features a Provincially Significant Wetland and is adjacent to the Rideau Canal UNESCO World Heritage Site.

The Tribunal found that the proposal is consistent with the Provincial Policy Statement and conforms to the City's Official Plan, as it promotes efficient land use, intensification, and brownfield remediation.

However, the Tribunal did not accept jurisdiction over the capping of the wetland itself, as the PPS prohibits development in such areas, and instead approved the applicant's alternative requested relief.

The applicant appealed the City of Hamilton's refusal to adopt an Official Plan Amendment and Zoning By-law Amendment to permit an 11-storey, 148-unit residential building.

The City argued the proposal was an overdevelopment that did not fit the neighbourhood character.

The Tribunal preferred the applicant's planning evidence, finding the proposal was an appropriate form of redevelopment along a major arterial road, achieved a compatible interface with abutting land uses through strategic design methods, and represented good land use planning.

The appeals were allowed.