Leo Longo

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of the City of Pickering's Official Plan Amendment No. 46.

The Tribunal granted party status to PTC Ownership LP on consent.

The parties indicated an openness to mediation and settlement discussions.

A second Case Management Conference was scheduled for December 6, 2023, and the parties were directed to submit a draft Procedural Order prior to that date.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal of a Zoning By-law Amendment passed by the Town of Bradford West Gwillimbury to permit a cemetery and accessory uses on prime agricultural lands.

The Tribunal granted party status to an adjacent landowner and participant status to four individuals on consent.

The Tribunal also consolidated the matter with an outstanding Ontario Municipal Board appeal and scheduled a second Case Management Conference.

The appellant appealed the Township's refusal of a zoning by-law amendment application to permit a reduced side yard setback for an existing boathouse with a rooftop sundeck.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontroverted expert planning evidence that the proposed amendment, which recognizes a structure that has existed for over ten years, is consistent with the Provincial Policy Statement, conforms to the applicable official plans, and represents good planning.

The appeal was allowed in part to implement the settlement.

At a Case Management Conference regarding appeals of the Town of Bradford West Gwillimbury Official Plan, the parties consented to adjourn the site-specific appeal by Bradford Highlands Joint Venture sine die pending the Minister's decision on Simcoe County Official Plan Amendment 7.

Millford Development Limited withdrew its appeal and was granted party status.

The Tribunal ordered the new Official Plan into full force and effect, save for the appellant's lands.

The applicant appealed the municipal Council's refusal of a Zoning By-law Amendment to rezone a property to permit its existing single detached dwelling to be used as a short-term accommodation.

The Tribunal allowed the appeal, finding that the proposed amendment was consistent with the Provincial Policy Statement, conformed to the applicable official plans, and represented good planning.

The Tribunal held that while it must have regard to the Council's decision, it is not bound to uphold it when independent, uncontested expert planning evidence demonstrates that the application satisfies all legislative tests and is in the public interest.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by 2513564 Ontario Ltd. against the Township of Springwater's failure to make a decision on applications for a Zoning By-law Amendment and Plan of Subdivision.

The Tribunal granted party status to the County of Simcoe on consent.

A revised Procedural Order was approved, and a five-day hearing on the merits was scheduled to commence on October 30, 2023.

The applicant appealed the Town's failure to make a decision on a zoning by-law amendment application to rezone the subject lands from commercial to residential to facilitate the development of 15 townhouse dwellings.

The parties reached a settlement wherein the applicant agreed to file a new application for commercial development on a different block to offset the loss of commercial zoning.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment consistent with provincial policies and in conformity with applicable official plans.

The appeal was allowed in part and the amendment approved in principle, with the final order withheld pending the new commercial application being deemed complete.

At a Case Management Conference for appeals against Grey County's Official Plan Amendment 11, the Town of Hanover requested party status.

The appellant, Magwood Family Farms, opposed the request, arguing the Town's involvement would be duplicative and unnecessary.

The Tribunal directed that the request for party status be determined via a formal motion at a later date.

The applicants appealed the municipality's refusal of a zoning by-law amendment to permit the reconstruction of an existing dwelling and the construction of a new two-storey boathouse on a waterfront property.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal, which included reduced lot coverage and height restrictions, was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.

The Tribunal allowed the appeal in part and approved the settlement.

The Applicant/Appellant appealed the Town's failure to make a decision on a zoning by-law amendment application to permit the development of single detached and townhouse dwellings.

At the first Case Management Conference, the parties advised that they were engaged in settlement discussions and requested a second Case Management Conference following an upcoming Town Council meeting.

The Tribunal scheduled a second Case Management Conference and directed the parties to submit a draft Procedural Order and Issues List.

The applicant appealed under s. 41(12) of the Planning Act regarding a site plan for a townhouse condominium development in Port Rowan.

The parties reached a full settlement and presented a revised Site Plan Agreement to the Tribunal.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with the Provincial Policy Statement, in conformity with the official plan, and representative of good land use planning.

The Tribunal approved the site plan on consent.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals against Official Plan Amendment 49 of the District of Muskoka and Official Plan Amendment 56 of the Township of Muskoka Lakes.

The Tribunal approved a revised Procedural Order submitted on consent and scheduled a seven-day video hearing on the merits.

The applicant appealed the City of Mississauga's failure to make a decision on applications for a Zoning By-law Amendment and Draft Plan of Subdivision to permit a 24-unit residential development.

Prior to the hearing, the parties reached a settlement reducing the development to 22 detached dwellings, including 9 freehold and 13 on a common element condominium road.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with provincial policies and in conformity with applicable official plans, representing a compatible form of gentle intensification.

The Tribunal allowed the appeals in part, approving the zoning by-law amendment and draft plan of subdivision subject to conditions.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by Eden Oak (Raglan) Inc. for a proposed plan of subdivision and zoning by-law amendment in the Town of Collingwood.

The Tribunal approved the draft Procedural Order and Issues List on consent of the parties.

A five-day merit hearing was scheduled to commence by video on July 24, 2023.

This was the second Case Management Conference regarding appeals of the City of Mississauga's Official Plan Amendment 131, which revises policies pertaining to height and urban design in the Lakeview Local Area Plan.

One appellant withdrew its appeals, while 1407 Lakeshore Developments Inc. maintained its site-specific and general appeals.

The Tribunal scheduled a third Case Management Conference for May 23, 2023, to receive further updates as the City continues to review the applications.

The applicant appealed the Township's Committee of Adjustment decision refusing three minor variances required to construct a five-storey mixed-use building.

At the hearing, the parties presented Minutes of Settlement resolving the appeal.

Based on the uncontroverted expert planning evidence, the Tribunal found the variances met the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized.

The applicants appealed the failure of the Town of The Blue Mountains and the County of Grey to make decisions on applications for a Zoning By-law Amendment and Draft Plan of Subdivision.

The applications sought to increase the permitted residential units from 609 to 659 for a development on the subject lands.

The parties reached a settlement and presented revised plans and conditions.

The Tribunal allowed the appeals, finding that the proposed development is consistent with the Provincial Policy Statement, conforms to the applicable official plans, and represents good land use planning.

The appellant appealed the passing of Official Plan Amendment No. 27 by the Town of Bradford West Gwillimbury.

Following a request for review of an earlier settlement decision under section 23 of the Ontario Land Tribunal Act, the Tribunal rescinded the original order.

The parties subsequently reached a new settlement modifying policies related to the Western Gateway lands.

The Tribunal found the proposed modifications, which guide future development and intensification while addressing an existing hydro corridor, represent good planning and are consistent with provincial policies.

The appeal was allowed in part to approve the modified Official Plan Amendment.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Eden Oak (Raglan) Inc. for a proposed residential subdivision in the Town of Collingwood.

The Tribunal granted participant status to seven individuals on consent of the parties.

A one-day video hearing was scheduled for February 21, 2023.

The applicant appealed the municipality's failure to make a decision on a Zoning By-law Amendment application for a mixed-use waterfront development.

Prior to the hearing, the parties reached a settlement on a revised proposal comprising nine buildings, including a hotel, townhouses, and an apartment building.

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

The appeal was allowed in part to implement the settlement by-law.