Francesco Santaguida

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of a Zoning By-law Amendment to permit a warehouse distribution centre in the Town of Whitby.

The Tribunal granted party status to the Region of Durham and NRD Dundas Limited, and participant status to several individuals, on consent.

A six-day merit hearing was scheduled and a Procedural Order was approved.

At a Case Management Conference regarding appeals for a site-specific Official Plan amendment and Zoning By-law amendment to permit an 11-storey mixed-use building, the Ontario Land Tribunal granted Party status to the Regional Municipality of Durham and Participant status to a local resident on consent.

The Tribunal scheduled a 10-day hearing on the merits and directed the parties to finalize a Procedural Order and Issues List.

The applicants appealed the Committee of Adjustment's refusal to grant a severance of two adjacent properties to create three new residential lots.

The City opposed the application, arguing that the proposed lot frontages and areas were inconsistent with the established neighbourhood character and did not conform to the Official Plan.

The Tribunal allowed the appeal, preferring the applicants' planning evidence that the neighbourhood featured an eclectic mix of lot sizes and that the proposed infill development was consistent with provincial and municipal intensification policies.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the 2010 Vaughan Official Plan and related site-specific development applications.

The Tribunal granted revisions to the Procedural Order for the Yonge-Steeles Corridor Secondary Plan hearing, deferring its start by one week to allow experts to review recently circulated transportation studies and development plans.

The Tribunal also granted Party status to the Toronto and Region Conservation Authority on Appeal 166.

Finally, the Tribunal allowed a settlement motion by the City of Vaughan, approving modifications to the Vaughan Metropolitan Centre Secondary Plan for a specific site, finding the modifications represented good planning and satisfied statutory requirements.

The appellant erected a chain link fence on their property within a heritage conservation district without a permit.

They subsequently applied for a heritage permit, which City Council approved subject to a condition requiring the removal of a portion of the fence adjacent to a neighbouring heritage property.

The appellant appealed this condition to the Ontario Land Tribunal.

The Tribunal allowed the appeal, finding that the condition was not justified by the heritage policies, which were silent on rear yard fencing, and that the appellant's right to erect a fence for safety and access concerns outweighed the City's public realm arguments.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by King David Inc. against the City of Markham's approval of a Zoning By-law Amendment for a six-storey mixed-use development.

The Tribunal granted party status to Flato Developments Inc. on consent.

The parties agreed to finalize an issues list, and the Tribunal scheduled a five-day merits hearing for September 2022, along with a second Case Management Conference for May 2022.

This was the second Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on an Official Plan Amendment to establish a secondary plan.

A party requested that the scheduling of a hearing be deferred due to alleged jurisdictional issues related to an incomplete environmental assessment and ongoing litigation.

The Tribunal found that the party must bring a formal written motion to determine the jurisdictional issue.

The Tribunal scheduled a hearing on the merits and approved the draft Procedural Order and Issues List.

This was the first Case Management Conference for an appeal by the applicant regarding the municipality's failure to make a decision on an Official Plan Amendment to establish a secondary plan.

The Tribunal granted party and participant status to several entities and individuals.

Due to ongoing court proceedings and the recent circulation of updated documents, the Tribunal deferred the finalization of the Issues List and the scheduling of the hearing on the merits to a second Case Management Conference.

The applicant appealed the City of Markham's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan approval to permit a townhouse development.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed instruments were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and represented good planning.

The Tribunal approved the settlement, allowing the appeals in part.

The City of Toronto issued a Notice of Intention to Designate the property at 276 Forest Hill Road under the Ontario Heritage Act.

The property owners objected, arguing the property did not meet the prescribed criteria and the designation was in bad faith.

The Conservation Review Board held a hearing to evaluate the property's cultural heritage value.

The Board found the property is a fine representative example of the Modern Georgian style and reflects the work of the significant architectural partnership of Allward and Gouinlock.

The Board recommended that City Council designate the property.