Nicole Andrea Auty

A first Case Management Conference was held regarding appeals against the refusal of Official Plan and Zoning By-law Amendment applications for a 39-unit stacked townhouse development.

The Tribunal granted party status to the Regional Municipality of Waterloo and participant status to a local resident.

The Tribunal scheduled a second Case Management Conference and a three-day merit hearing, and approved the Procedural Order and Issues List.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the City of Cambridge's failure to make decisions on Official Plan and Zoning By-law amendments for a proposed high-rise development.

The Tribunal scheduled a 20-day merit hearing to commence in September 2025 and a pre-hearing status telephone conference call for June 2025.

The applicant appealed the City's failure to make a decision on official plan and zoning by-law amendment applications for a proposed mixed-use high-rise development.

At the first Case Management Conference, the Tribunal granted party status to the Regional Municipality of Waterloo and Air Liquide Canada Inc. The Tribunal declined the applicant's request to link Air Liquide's party status to disclosure obligations, directing that disclosure issues be addressed separately.

A second Case Management Conference was scheduled to finalize the procedural order and address any outstanding disclosure motions.

The appellants appealed the City of Cambridge's passing of a Zoning By-law Amendment that permitted the development of 24 affordable stacked townhouse units by Habitat for Humanity.

The appellants raised concerns regarding density, compatibility, and environmental impacts.

The Tribunal dismissed the appeal, finding based on uncontradicted expert planning evidence that the amendment was consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and represented good land use planning.

The Tribunal also approved a technical amendment to the by-law.

The applicant appealed the City's refusal of Official Plan and Zoning By-law amendments to permit an infill development of 30 residential units, including stacked and street-fronting townhouses.

The City opposed the applications solely on urban design and compatibility grounds, arguing the stacked townhouses did not fit the neighbourhood character.

The Tribunal preferred the applicant's expert evidence, finding that the City's compatibility analysis was too narrow and rigidly applied.

The Tribunal concluded the proposed development was sufficiently compatible with the broader neighbourhood, satisfied all statutory tests, and represented good planning.

The appeal was allowed and the amendments approved.

The appellant appealed the City's refusal of Official Plan and Zoning By-law amendments to permit a 30-unit infill development consisting of stacked and street-fronting townhouses.

The City opposed the applications solely on urban design and compatibility grounds, arguing the stacked townhouses did not fit the neighbourhood character.

The Tribunal preferred the appellant's expert evidence, finding the development was sufficiently compatible with the broader neighbourhood context and satisfied all statutory planning tests.

The appeal was allowed in part to approve the requested amendments.

The Ontario Land Tribunal issued a correction notice to amend the Title of Proceeding in a previous decision dated January 23, 2024.

The correction correctly identifies Nicole Auty as Counsel rather than a Representative.

The appellant appealed the City's approval of Official Plan and Zoning By-law amendments that facilitated a 600-unit residential development, citing noise compatibility concerns with its adjacent flour mill operations.

The parties reached a settlement wherein the subject property would be designated as a Class 4 Noise Area under provincial guidelines, requiring specific noise mitigation measures and warning clauses.

Relying on uncontested expert evidence in land use planning and acoustics, the Tribunal found the revised proposal consistent with provincial policies and good planning principles.

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

The applicant appealed the City of Cambridge's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit the development of three two-storey townhouse units.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontested expert planning evidence that the proposed development represents appropriate residential intensification, conforms with provincial and municipal planning policies, and constitutes good planning.

The Tribunal allowed the appeals in part and approved the amendments in accordance with the Minutes of Settlement.

The Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality for failing to make a decision on Official Plan and Zoning By-law Amendment applications within the prescribed timeframe.

The applications seek to permit three two-storey townhouse units.

The Tribunal granted participant status to one individual and scheduled a one-day settlement hearing, as the parties have reached an agreement in principle.

At a Case Management Conference for an appeal regarding an infill development, an area resident sought Party status to call a land use planner as an expert witness.

The Tribunal denied the request for Party status, finding that the resident's concerns were duplicative of the City's and that the proposed expert witness appeared to be acting as an advocate, raising concerns about partiality.

The resident was granted Participant status instead, and procedural directions were issued for the upcoming hearing.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for appeals concerning a proposed official plan amendment and zoning by-law amendment in the City of Cambridge.

The amendments seek to permit a mixed-use residential and commercial development, including a 10-storey building.

The order sets out the organization of the hearing, requirements before the hearing, the parties and participants, the issues list, and the order of evidence.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment for properties in the City of Cambridge.

The Tribunal directed the parties to finalize the Procedural Order and Issues List, and scheduled a 25-day video hearing to commence in March 2024.

The appellants appealed the failure of the City of Cambridge and the Region of Waterloo to make decisions on applications for a Zoning By-law Amendment and a Draft Plan of Vacant Land Condominium to permit 11 single detached homes.

Prior to the hearing, the parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development and conditions of draft approval were consistent with the Provincial Policy Statement, conformed to the Growth Plan and applicable Official Plans, and represented good planning.

The appeals were allowed in part to implement the settlement.

At a second Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment for a proposed mixed-use development, the Tribunal noted that the parties had not made significant progress in scoping the Issues List as previously ordered.

The Tribunal scheduled a third Case Management Conference to allow the parties additional time to refine the Issues List and ordered that a revised draft Procedural Order be provided in advance.

The Tribunal held a Case Management Conference regarding appeals of an Official Plan Amendment and Zoning By-law Amendment to facilitate a residential development.

The Tribunal granted party status to the applicant on consent.

The parties were directed to finalize a draft Procedural Order and Issues List, and a 13-day merit hearing was scheduled.

This was the first Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment to permit a mixed-use residential and commercial development in the City of Cambridge.

The Tribunal granted participant status to a local resident and party status to the applicant and municipalities on the respective files.

The Tribunal also ordered the consolidation of the appeals and scheduled a second Case Management Conference to allow the parties to refine the issues list.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment to permit a mixed-use development in the City of Cambridge.

The Tribunal granted participant status to a local resident and party status to the applicant, the City, and the Region on the respective files.

The Tribunal consolidated the appeals and directed the parties to refine their issues list before scheduling a hearing on the merits.

A second Case Management Conference was scheduled.

The Ontario Land Tribunal issued a procedural order to govern the hearing of appeals concerning the Region of Waterloo's Proposed Official Plan Amendment No. OPA 128.

The order sets out the organization of the video hearing scheduled for November 6, 2023, the requirements before the hearing including the exchange of witness statements and expert reports, and the issues list.

The applicants appealed the City of Cambridge's failure to make a decision on applications for a site-specific zoning amendment and a draft plan of vacant land condominium to permit 11 detached homes.

At the first case management conference, participant status was granted to a local resident.

The Tribunal scheduled a second case management conference and a five-day hearing on the merits, directing the parties to finalize a procedural order.