P. MacDonald

The appellants appealed the City of Hamilton's approval of Zoning By-laws Nos. 24-051 and 24-052, which introduced new electric vehicle parking standards.

The parties reached a settlement and presented uncontested expert evidence in land use planning and transportation engineering supporting the proposed amendments.

The Tribunal found the amendments, including transition provisions for recent zoning approvals, represented good planning, were consistent with the Provincial Planning Statement, and conformed to the applicable official plans.

The appeals were allowed in part to amend the zoning by-law in accordance with the settlement.

The Tribunal held a Case Management Conference regarding an appeal of the City of Hamilton's failure to adopt an Official Plan Amendment that would facilitate an urban boundary expansion.

The Tribunal granted party status to one group of landowners and participant status to 24 individuals and groups.

The Tribunal declined to schedule a hearing date until the parties submit a draft Procedural Order and Issues List.

The appellant appealed the City of Hamilton's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan to facilitate a medium-density mixed-use development.

Prior to the hearing, the parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed development was consistent with provincial policies, conformed to the official plan, and represented good planning.

The appeals were allowed in part to implement the settlement.

The applicant appealed the City of Hamilton's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a 16-storey residential development.

Prior to the hearing, the parties reached a settlement for a revised 17-storey mixed-use building with 319 units.

The Tribunal accepted uncontested expert planning evidence that the settlement proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and local official plans, and represents good transit-oriented development.

The appeals were allowed in part to implement the settlement.

The applicant appealed the Committee of Adjustment's denial of a minor variance to increase the permitted number of storeys from six to seven for a mixed-use building.

The appeal was converted to a settlement hearing.

The Tribunal accepted uncontroverted expert planning evidence that the variances, including two setback variances for balconies, met the four tests under the Planning Act.

The appeal was allowed and the variances were authorized subject to conditions, including a cap on the number of dwelling units and a requirement for a minimum percentage of two-bedroom units.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the applicant against the City of Hamilton concerning the valuation of cash-in-lieu of parkland dedication.

The parties submitted a draft Procedural Order on consent.

The Tribunal directed minor corrections and the removal of a specific paragraph.

The revised Procedural Order was approved, and a three-day merit hearing was scheduled for March 2024.

The municipality brought a motion to dismiss the appellant's request for the Tribunal to adjudicate the cost-sharing value of stormwater management land required to be conveyed as a condition of draft plan approval.

The municipality argued the Tribunal lacked jurisdiction and that the issue was res judicata due to a prior settlement.

The Tribunal dismissed the motion, finding that the previous agreement on land value had an explicit expiry date of May 31, 2017, which had passed.

Under section 51(56) of the Planning Act, the Tribunal has the authority to determine the question as to the conditions appealed to it, including the expired cost-sharing condition, warranting a hearing on the merits.

The applicant appealed the City of Hamilton's failure to make decisions on applications for a Zoning By-law Amendment and draft plan of subdivision for a residential development.

The parties reached a settlement.

Based on uncontested expert planning evidence, the Tribunal found the proposed instruments consistent with the Provincial Policy Statement, in conformity with the Growth Plan and Official Plan, and representative of good planning in the public interest.

The appeals were allowed in part to approve the settlement.

The applicant appealed to the Ontario Land Tribunal regarding minor variance and site plan applications to permit a mixed-use development consisting of three residential towers above ground floor commercial uses.

At a settlement hearing, the Tribunal considered amended variances and a revised site plan agreed to by the parties.

Based on uncontested expert planning evidence, the Tribunal found that the amended variances met the four tests under section 45(1) of the Planning Act and that the site plan represented good planning.

The appeal was allowed, the variances were authorized, and the site plan was approved subject to conditions.

The appellants appealed a City of Hamilton by-law designating a heritage conservation study area, which prevented them from obtaining building permits to demolish existing structures and construct a new detached dwelling on their property.

The parties reached a settlement to amend the by-law to exempt properties with complete building permit applications submitted prior to the by-law's passage, subject to design modifications for the new dwelling.

The Tribunal accepted uncontested expert planning evidence that the settlement was appropriate and the new design was sympathetic to the neighbourhood's character, allowing the appeal in part to amend the by-law.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision to facilitate a 38-unit residential development.

The Tribunal granted Party status to adjacent property owners and Participant status to another neighbour.

A second Case Management Conference and a five-day Merit Hearing were scheduled.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by LIV Developments Ltd. against the City of Hamilton's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 234-unit residential development.

The applicant requested consolidation of an existing Site Plan appeal with the current appeals.

The City opposed, suggesting the Site Plan appeal could be dismissed under s. 19.1 of the Ontario Land Tribunal Act.

The Tribunal found no grounds for dismissal and granted the consolidation to avoid a multiplicity of hearings.

A procedural order was directed and an eight-day merit hearing was scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Fengate LiUNA Gardens Holdings LP against the City of Hamilton's failure to adopt an Official Plan Amendment and Zoning By-law Amendment for a proposed redevelopment.

The Tribunal confirmed that notice for the first CMC was sufficient and granted participant status to one additional individual on consent.

The Tribunal directed the parties to submit a revised draft Procedural Order and Issues List and confirmed the scheduling of a 10-day video hearing.

The applicant appealed minor variance and site plan applications to the Ontario Land Tribunal.

The parties reached an agreement in principle regarding the minor variances and requested a one-day hearing to present opinion evidence.

The Tribunal scheduled a one-day video hearing for May 25, 2023, to hear the minor variance appeals and potentially the site plan appeals if a settlement is reached.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Wilson St. Ancaster Inc. against the City of Hamilton's refusal of Official Plan and Zoning By-law Amendment applications for an eight-storey mixed-use development.

The Tribunal granted participant status to the Ancaster Village Heritage Community and a neighbouring resident on consent.

A Procedural Order was approved, and a ten-day video hearing was scheduled to commence on July 24, 2023.

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

Several appeals were withdrawn, bringing the amendments into force for those lands.

The Tribunal scheduled a six-day video hearing for October 2023 for one appellant and directed the remaining appellants to file hearing requests or settlement documents by March 2023.

The applicant appealed the City of Hamilton's refusal of an Official Plan Amendment, Zoning By-Law Amendment, and consent applications to create two new residential lots.

The applicant proposed to consolidate two existing rural residential lots with an adjacent agricultural operation and create two new lots elsewhere on the property.

The Tribunal dismissed the appeals, finding that the proposed new lots were located within an Airport Influence Area with a Noise Exposure Forecast (NEF) contour above 35.

The Provincial Policy Statement and the Rural Hamilton Official Plan strictly prohibit new residential development in areas with an NEF contour above 30 and 35, respectively, to protect the long-term operations of the airport.

The applicants 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 25-storey mixed-use development.

Prior to the hearing, the parties reached a settlement modifying the design to improve transition and landscaping.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with provincial policies and the municipal official plan, and allowed the appeal in part to approve the settlement.

The applicant appealed the City's failure to make a decision on a proposed plan of subdivision and related amendments.

The parties agreed to minor changes to the draft plan conditions previously approved by the Ontario Municipal Board, primarily relating to a new multi-use trail.

Relying on the uncontested land use planning evidence of the City's expert, the Tribunal approved the revised draft plan conditions.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an official plan amendment, zoning by-law amendment, and plan of subdivision to permit a 630-unit residential development.

At the second Case Management Conference, the Tribunal scheduled a 15-day hearing to commence in May 2023.

The Tribunal also ordered the parties to submit a final or draft Procedural Order by August 5, 2022, to narrow the issues for the hearing.