Kelly Yerxa

The applicants appealed the Town of Oakville's failure to make decisions on their respective applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision to permit residential developments.

Prior to the hearing, both applicants reached settlements with the Town.

The Tribunal held a settlement hearing and, based on uncontested expert planning evidence, found that the proposed developments have regard for matters of provincial interest, are consistent with the Provincial Policy Statement, and conform to the applicable growth and official plans.

The Tribunal allowed the appeals in part and approved the planning instruments to implement the settlements.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a mixed-use commercial development.

The parties reached a settlement and presented revised applications.

Based on uncontested planning evidence, the Tribunal found the revised applications consistent with provincial policies and local official plans.

The appeals were allowed in part to implement the settlement.

The Tribunal held a settlement hearing regarding appeals of the new official plan for the City of Burlington concerning aggregate resource policies.

Based on the uncontroverted expert planning evidence, the Tribunal approved the proposed modifications to the official plan, finding they satisfy statutory requirements, are consistent with the Provincial Policy Statement, conform to provincial and regional plans, and represent good planning.

The appeals were allowed in part to give effect to the settlement.

The appellants 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 the construction of mid-rise, mixed-use buildings and stacked townhouses.

The parties reached a settlement that revised the proposal, including minor increases to height and density to accommodate design changes.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and applicable Official Plans, and represents good planning.

The Tribunal allowed the appeals in part and approved the amendments.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The Tribunal issued an amending decision to correct typographical errors in the appearances section and schedule of a previous decision.

During the CMC, the Tribunal granted non-appellant party status to Fairview LP, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing to consider a settlement.

The Tribunal also directed the City to initiate the mediation assessment process for unresolved policies.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The parties advised the Tribunal that they were working towards a settlement and that the applications had been amended to increase the number of units.

The Tribunal directed Eaglewood to re-circulate notice of its revised proposal and scheduled hearing dates for the presentation of the proposed settlements.

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

The Tribunal held a fifth Case Management Conference regarding appeals by Emshih Developments Inc. against the City of Burlington's failure to make decisions on official plan and zoning by-law amendment applications for a commercial development.

The parties advised that settlement discussions were ongoing.

The Tribunal directed the parties to inform it as soon as possible if a settlement is reached prior to the scheduled five-day merit hearing in February 2024.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by Camarro Developments Inc. against the City of Burlington's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a proposed residential development.

The Tribunal granted party status to the Region of Halton and the Canadian National Railway Company (CN), finding their involvement necessary to adjudicate the issues effectively.

Participant status was granted to three individuals/groups.

The Tribunal also approved the Draft Procedural Order and scheduled an 11-day merit hearing.

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.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The Tribunal granted participant status to the Trafalgar Township Historical Society and party status to the Regional Municipality of Halton and Conservation Halton.

The Tribunal also ordered that the appeals be heard together in a phased hearing and scheduled future hearing dates.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of parts of a golf course for residential units.

Following Case Management Conferences, the parties submitted a draft Procedural Order on consent.

The Ontario Land Tribunal issued the Procedural Order, which established the issues list, hearing dates, and procedural deadlines for the upcoming 19-day hearing.

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 26-storey mixed-use building.

The City argued for a maximum height of 17 storeys and a larger tower setback based on its unapproved 2020 Official Plan.

The Tribunal allowed the appeals in part, approving the 26-storey development.

The Tribunal found the proposal consistent with the Provincial Policy Statement and Growth Plan, noting it optimizes land use in an Urban Growth Centre, provides needed housing, and is compatible with the surrounding area without causing adverse impacts.

The Ontario Land Tribunal held a case management conference regarding appeals by Camarro Development Inc. concerning the City of Burlington's failure to adopt requested official plan and zoning by-law amendments, and an appeal of a heritage designation by-law.

The Tribunal issued a procedural order on consent, setting the hearing dates, procedural steps, and the issues list for the upcoming hearing.

The Tribunal held a fourth Case Management Conference regarding appeals by the applicant against the municipality's failure to make decisions on Official Plan and Zoning By-law amendment applications for a commercial development.

The Tribunal scheduled a fifth CMC and a five-day merit hearing, and approved the Procedural Order and Issues List.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals from the City of Burlington's failure to make decisions on Official Plan and Zoning By-law amendment applications.

The Tribunal granted party status to the Region of Halton on consent.

Participant status was granted to three individuals and a Business Improvement Area who attended the hearing, but denied to twelve individuals who requested status but failed to attend.

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

The applicant appealed the City of Burlington's failure to make decisions on official plan and zoning by-law amendment applications, as well as a heritage designation, for a proposed 31-storey mixed-use building.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Halton on consent.

The Tribunal scheduled a 10-day hearing on the merits and directed the parties to submit a draft procedural order and consolidated issues list.

The Ontario Land Tribunal held a second case management conference regarding appeals by the applicant against the city's failure to make decisions on requests to amend the Official Plan and Zoning By-law, and to approve a proposed plan of subdivision for the redevelopment of parts of a golf course.

The Tribunal directed the parties to revise the draft Issues List to be organized by issue rather than by party to avoid overlap.

A 19-day merit hearing was scheduled to commence on March 5, 2024.

The appellant appealed the municipality's failure to make a decision on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision to permit the redevelopment of parts of a golf course.

At the second case management conference, the Tribunal directed the parties to revise the draft issues list to be organized by issue rather than by party to avoid overlap.

The Tribunal also scheduled a 19-day hearing and provided directions regarding the calling of lay witnesses and the participation of added parties.

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.