Jennifer Meader

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by the Niagara Home Builders' Association against the City of Thorold's Development Charges By-law No. 46-2019.

The order sets out the organization of the hearing, requirements before the hearing, the parties to the hearing, the issues list, the order of evidence, and a summary of filing dates.

The City of Burlington brought a motion during a Case Management Conference to release the freeze on certain lands under an Interim Control By-law (ICBL).

The ICBL remained in effect due to appeals of a Zoning By-law Amendment (ZBA) that applied only to a specific area near the Burlington GO Station.

The Tribunal found, based on uncontested planning evidence, that the ZBA did not apply to the lands outside its specific area.

Consequently, pursuant to s. 38(6.1) of the Planning Act, the Tribunal's finding invoked the release of the ICBL for all remaining lands outside the ZBA area, allowing prior zoning to resume effect.

A Case Management Conference was held regarding an appeal of Official Plan Amendment No. 26, which redesignates employment lands for alternative uses in St. Catharines.

The Tribunal granted party status on consent to several applicants.

As mediation was deemed unlikely to resolve the issues by most parties, the Tribunal scheduled a second Case Management Conference and a 15-day hearing.

The Ontario Land Tribunal held a first Case Management Conference concerning an appeal by the applicant against the municipality's refusal or neglect to make a decision on a zoning by-law amendment application.

The amendment sought to permit an 8-storey apartment building, townhouses, and a semi-detached dwelling.

The Tribunal scheduled a second Case Management Conference and a 5-day hearing, and directed the appellant to file a draft Procedural Order.

A case management conference was held to consider hearing appeals related to the City of Burlington's Official Plan Amendment 119, Zoning By-law Amendment 2020-418, and the new Official Plan together.

The Tribunal ordered the matters to be heard together for case management purposes.

Additionally, the Tribunal granted a motion by 409 Brant St. Ltd., finding that ZBA 2020-418 does not apply to its site, which had the statutory effect of releasing the site from the Interim Control By-law and reinstating its prior zoning.

The Tribunal held a Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment approved by the City of Sarnia and County of Lambton.

The parties agreed that the matter did not lend itself to mediation and requested a hearing.

The Tribunal approved the draft Procedural Order on consent and scheduled a four-day video hearing for the appeals.

The applicant appealed the Town of Fort Erie's failure to make a decision on official plan and zoning by-law amendment applications to permit a self storage facility.

At the first Case Management Conference, the Tribunal scheduled a three-day video hearing and directed the parties to finalize a procedural order and issues list.

The appellant appealed the approval of a consent to sever and a minor variance for lot frontage to allow the creation of two lots for single detached dwellings.

The Tribunal accepted uncontested expert planning evidence that the proposal represents sensitive intensification, conforms to the Official Plan, and meets the criteria for severance and minor variances.

The appeal was dismissed, provisional consent was granted, and the variance was authorized subject to conditions, including tree replacement.

The applicant appealed the Township of Wilmot's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Consent to sever a property to accommodate two residential lots.

At a Case Management Conference, the Tribunal was advised that the parties had reached a settlement.

The Tribunal scheduled a settlement hearing by video for September 23, 2021, and directed the filing of supporting affidavits.

The Tribunal held a Case Management Conference regarding appeals by Cento Homes & Renovations Inc. against the City of Hamilton's refusal to amend the Official Plan and Zoning By-law to permit six townhouse dwellings.

The Tribunal received and issued the requested Procedural Order on consent.

This was the first Case Management Conference regarding multiple appeals of the new Official Plan for the City of Burlington, as modified and approved by the Regional Municipality of Halton.

The Tribunal granted party and participant status to several requestors and set deadlines for the submission of issues lists and a draft Procedural Order.

A subsequent Case Management Conference was scheduled to address overlapping appeals with another Official Plan Amendment.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the municipality's refusal of Official Plan and Zoning By-law Amendments to permit six townhouse dwellings.

Participant status was granted to three individuals.

The Tribunal scheduled a three-day video hearing for November 2021 and directed the parties to submit a draft Procedural Order and Issues List.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to demolish existing structures and construct a large single dwelling on a property designated as Escarpment Protection Area.

The appellant argued the proposed development's size and visual impact would negatively affect the open landscape character and scenic resources of the area.

The Hearing Officer accepted the expert evidence of the applicant and the Commission that the proposed development is a permitted use and accords with the relevant objectives and development criteria of the Niagara Escarpment Plan.

The appeal was dismissed and the Commission's decision was confirmed.

A pre-hearing conference was held regarding appeals of the Niagara Escarpment Commission's conditional approval of a development permit application to demolish an existing dwelling and construct a new single dwelling.

The Hearing Officer addressed preliminary issues regarding notice of the application and decision, and established a procedural schedule for a two-day hearing to commence on June 26, 2019.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit for the applicant to demolish and rebuild a single dwelling.

The appellant's primary concern was the applicant's reliance on an off-site water source located on the appellant's property.

The Hearing Officers found that the proposed development was a permitted use and met the development criteria under the Niagara Escarpment Plan.

The appeal was dismissed and the NEC's decision was confirmed, as issues regarding water rights and potential liability were outside the tribunal's jurisdiction.

The appellant appealed the Niagara Escarpment Commission's conditional approval of a development permit application to demolish an existing dwelling and construct a new one.

At a pre-hearing conference, the appellant raised concerns regarding the proposed development's water source and its potential impact on a shared artesian well.

The Hearing Panel determined that a requested property boundary fence was not an appropriate issue for the appeal.

The Panel issued procedural directions and scheduled the hearing dates.