Patrick J. Maloney

The applicant appealed the non-decision of the City of Thorold's Committee of Adjustment regarding a minor variance application to facilitate a 6-storey, 40-unit apartment building.

The City argued that a rezoning application was required and that a heritage impact assessment had to be completed before the variances could be considered.

The Tribunal rejected the City's arguments, finding that the property was already appropriately zoned for apartment dwellings and that the heritage impact assessment could be addressed at the Site Plan Approval stage.

Relying on the planning evidence of the applicant's planner and the former City staff planner, the Tribunal found that the four requested variances met the tests under section 45(1) of the Planning Act and authorized them.

The appellant appealed the approval of Official Plan Amendment No. 26, which converted certain employment lands to alternative uses.

Several parties brought motions to dismiss the appeal under section 17(45) of the Planning Act, arguing that the appellant's issues were statute-barred because the notice of appeal failed to explain how the decision was inconsistent with or failed to conform to provincial plans, as required by section 17(37.1).

The Tribunal agreed, finding that the notice of appeal lacked the required explanations and that the appellant could not expand its appeal beyond the initial submission.

The Tribunal granted the motions and dismissed the appeal without a full hearing.

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.