Todd Evershed

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 Burlington's failure to make decisions on applications for official plan and zoning by-law amendments to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development conforms with the City's 2008 Official Plan, the Growth Plan, and the Provincial Policy Statement.

The Tribunal held that the proposed height, massing, and urban design were appropriate for the downtown context and provided adequate transition.

The Tribunal also found the proposed parking supply and shadow impacts to be acceptable.

The appeal was allowed in principle, subject to conditions including a holding symbol related to environmental site remediation.

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.