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Tribunal amends previous decision to correct typographical error in development statistics chart.
The Applicant appealed the City of Markham's failure to adopt a requested Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential mixed-use development.
Following a settlement, the Tribunal issued a decision on January 10, 2025.
The Tribunal subsequently issued this amending decision pursuant to Rule 24.4 of its Rules of Practice and Procedure to correct a technical or typographical error in the development statistics chart contained in the original decision.
In all other respects, the original decision and order remain unchanged.
Tribunal approves settlement for high-density mixed-use development in Markham Centre on an interim basis.
The applicant appealed the City of Markham's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a high-density residential mixed-use development.
The parties reached a settlement proposing five high-rise towers and a public park.
The Tribunal accepted uncontradicted expert planning evidence that the settlement proposal represents good planning, is consistent with the Provincial Policy Statement, and conforms to applicable official plans.
The appeals were allowed in part on an interim basis, with the final order withheld pending the satisfaction of municipal infrastructure and servicing conditions.
Tribunal grants party and participant status and schedules a 10-day merit hearing for development appeals.
The Tribunal convened a first Case Management Conference for appeals by Markham Suites Hotel Limited against the City of Markham for failing to make decisions on Official Plan and Zoning By-law Amendment applications within statutory timeframes.
The proposed development consists of five high-rise residential towers and a public park.
The Tribunal granted party status to York Region Standard Condominium Corporation No. 1122 and participant status to Aryeh Construction Limited and the Unionville Residents Association.
A 10-day merit hearing was scheduled for December 2024.
Appeal allowed in part on an interim basis to permit an 11-storey mixed-use development following a settlement.
The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment application to permit a mixed-use development.
Prior to the hearing, the parties reached a settlement revising the proposal to an 11-storey building with 148 residential units.
Based on uncontroverted expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Official Plan.
The appeal was allowed in part on an interim basis, with the final order withheld pending the satisfaction of several conditions.
Appeal dismissed; subdivision lot owners' common user rights over lakefront parcels upheld based on continuous open use.
The appellants appealed an order recognizing the respondents' common user rights over narrow parcels of land fronting Lake Simcoe, known as the 'Slivers'.
The application judge found that the respondents, as owners of lots in the subdivision, had openly and continuously used the Slivers since 1950, satisfying the requirements under the Registry Act and Land Titles Act.
The Court of Appeal dismissed the appeal, finding no error in the application judge's assessment of the uncontradicted affidavit evidence and declining to restrict the user rights to bathing purposes.