Jennifer Meader

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The applicant sought minor variances to permit the construction of a two-storey detached dwelling, which were approved by the Committee of Adjustment.

The adjacent neighbour appealed the decision, arguing the proposed massing would negatively impact the streetscape, natural light, and privacy.

The Tribunal dismissed the appeal, accepting uncontroverted expert planning evidence that the variances maintain the general intent of the Official Plan and Zoning By-law, are desirable for the appropriate development of the land, and are minor in nature due to architectural mitigation measures.

A Case Management Conference was held regarding an appeal by the applicant against the municipality's failure to make a decision on a Zoning By-law Amendment application for a 77-unit townhouse development.

The Tribunal granted participant status to two individuals on consent, approved the parties' draft Procedural Order, and scheduled a five-day video hearing on the merits.

A Case Management Conference was held regarding the remaining site-specific appeals to the City of Hamilton's Official Plan Amendment No. 69 and Zoning By-law Amendment No. 17-240.

The parties reported positive ongoing discussions to resolve the remaining technical issues, with some appeals potentially being withdrawn.

The Tribunal directed the parties to provide a status update by November 30, 2023, and to schedule a further hearing by teleconference if necessary.

The Niagara Home Builders' Association appealed the City of Thorold's Development Charges By-law No. 46-2019, challenging the inclusion of four road projects (portions of Barker Parkway and Upper's Lane, and related intersection improvements).

The appellant argued these were 'local services' and thus ineligible for development charges funding.

The Tribunal found that the City's Local Service Policy takes precedence in determining DC eligibility.

Based on their function, Barker Parkway and Upper's Lane were classified as Arterial Roads serving a broader community function, not just the specific subdivision.

Consequently, the Tribunal ruled that the road projects and intersection improvements were properly included as DC eligible growth-related services.

The appeal was dismissed.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of conditions of draft plan approval for two subdivisions in the Township of Adjala-Tosorontio.

The Tribunal approved the Draft Procedural Order on consent of the parties and scheduled a ten-day merit hearing to commence in May 2024.

The Tribunal held a first Case Management Conference regarding an appeal of the City of Welland's Parkland Dedication By-law No. 2022-149.

As the parties were engaged in settlement discussions, they jointly requested a second Case Management Conference.

The Tribunal scheduled a second video hearing and directed the parties to either request a settlement hearing or submit a draft Procedural Order and Issues List prior to the next date.

A case management conference was held regarding appeals by 1583123 Ontario Inc. against the City of Hamilton for failing to make decisions on official plan and zoning by-law amendment applications for two proximate properties.

The applicant requested that the appeals for both properties be heard together due to their similarities, shared expert witnesses, and identical policy regimes.

The Tribunal granted the request to consolidate the hearings and directed the parties to submit a draft procedural order and issues list.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application to permit an 8-storey apartment building and townhouses.

The core issue was whether there was adequate municipal wastewater servicing capacity for the proposed high-density residential development.

The Tribunal found that the existing sewage system lacked capacity, posing a high risk of basement flooding, and that the applicant's proposed alternative servicing solutions, including a lift station, were not feasible or permitted under the Official Plan.

The Tribunal concluded that the proposed amendment was premature, inconsistent with the Provincial Policy Statement, and did not conform to the applicable Official Plans.

The appeal was dismissed.

The appellants appealed the Town of Oakville's adoption of a Community Benefits Charge By-law under s. 37(17) of the Planning Act.

At the first Case Management Conference, the Tribunal was advised that a settlement had been reached among most parties, but one appellant raised an issue regarding the Tribunal's jurisdiction to vary the prescribed 4% charge.

The Tribunal directed that appellant to bring a motion on the jurisdictional issue and scheduled a second Case Management Conference.

The appellant subsequently withdrew its appeal, and the Tribunal converted the scheduled hearing to consider the settlement among the remaining parties.

The appellant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a midrise residential apartment building.

At the first Case Management Conference, the appellant requested that a second CMC be scheduled to be heard together with a related appeal for a proximate property.

The Tribunal granted the request, noting the similarities in the applications, policies, and parties, and scheduled the second CMC to proceed via video hearing.

The applicant appealed the Township of Wellesley Committee of Adjustment's denial of an application for provisional consent to sever a residential property to create one additional lot.

The Tribunal heard uncontroverted expert planning evidence that the proposal conforms to the applicable Official Plans, meets zoning requirements, and represents good planning by providing housing through intensification.

The Tribunal allowed the appeal and granted provisional consent subject to conditions.

The appellant appealed the County of Norfolk's approval of a Zoning By-law Amendment and the referral of an Aggregate Resources Act licence application for a proposed sand and gravel pit.

The appellant raised concerns regarding noise, dust, and truck traffic impacts on his adjacent residential property.

The Tribunal accepted the uncontroverted expert planning evidence that the applications met all provincial and municipal planning requirements, and that the proposed mitigation measures, including an enhanced berm and tree screening, would adequately address the appellant's concerns.

The Tribunal dismissed the appeal, upheld the Zoning By-law Amendment, and directed the Minister of Natural Resources and Forestry to issue the aggregate licence.

This was the third Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision.

The Tribunal approved the draft Procedural Order submitted by the parties, scheduled a 15-day merits hearing for April 2024, and granted participant status to a local resident.

The Tribunal convened a Case Management Conference regarding appeals by 8185 Bridgeport Inc. against the City of Waterloo's failure to make a decision on applications to amend the Official Plan and Zoning By-law.

The applications propose a mixed-use development with three residential towers.

The Tribunal directed the parties to finalize a Procedural Order and Issues List, and scheduled a 14-day video hearing.

The applicant appealed the City of Markham's failure to make a decision on a Zoning By-law Amendment application to permit increased height and density for two residential towers.

At a settlement hearing, the Tribunal considered the revised proposal, which included changes to the Draft Plan of Subdivision and associated conditions.

Based on uncontroverted expert planning evidence, the Tribunal found the proposal consistent with the Provincial Policy Statement and in conformity with the applicable Official Plans.

The Tribunal approved the settlement, allowing the appeal in part to implement the revised Zoning By-law Amendment and Draft Plan of Subdivision.

The applicant appealed the Township's Committee of Adjustment's refusal of two consent applications and three minor variance applications to sever a vacant rural lot into three parcels for residential use.

The Tribunal heard uncontested expert planning evidence that the proposed development is consistent with provincial policies, conforms to the applicable official plans, and can be supported by private water and septic systems.

The Tribunal allowed the appeals, granting provisional consents subject to conditions and authorizing the minor variances for reduced lot frontages, finding that the applications satisfy the criteria under s. 51(24) and the four tests under s. 45(1) of the Planning Act.

The appellants appealed the Town of Oakville's Parkland Dedication By-law No. 2022-108.

At the first Case Management Conference, the parties advised that the recent enactment of Bill 23 and its pending regulations might necessitate the repeal and replacement of the by-law.

The Tribunal ordered the Town to provide a status update by October 1, 2023, after consulting with the appellants.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on applications for a Zoning By-law Amendment and draft Plan of Subdivision.

The applications propose 251 townhouse units.

The Tribunal approved the draft Procedural Order and Issues List and scheduled a seven-day video hearing to commence on July 17, 2023.

The Ontario Land Tribunal held a case management conference regarding an appeal of the City of Hamilton's Official Plan Amendment No. 17 UHOP by the appellant.

The parties resolved their differences regarding the order of witnesses and submitted a revised Procedural Order and Issues List.

The Tribunal issued the Procedural Order and scheduled a five-day video hearing on the merits.