OLT 2021

The Ontario Land Tribunal issued a procedural order to govern the hearing of an appeal by Queensway Limited Partnership against the City of Toronto's failure to make a decision on a zoning by-law amendment application.

The application seeks to permit a 16-storey mixed-use residential building at 933-935 The Queensway.

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

At a Case Management Conference regarding appeals of a zoning by-law amendment passed by the Town of Ajax, the Ontario Land Tribunal granted party status to the Regional Municipality of Durham and the new owners of the subject lands.

The Tribunal scheduled a 10-day video hearing and directed the parties to submit a finalized Draft Procedural Order and Issues List.

The Conservation Review Board held a pre-hearing conference regarding an objection to a Notice of Intention to Repeal Designation for a heritage property.

Several objectors failed to attend two scheduled pre-hearing conferences despite receiving proper notice.

Pursuant to section 7(1) of the Statutory Powers Procedure Act, the Board ordered that the inactive parties are no longer entitled to further notice in the proceedings, subject to their right to bring a motion to become active parties.

The appellants appealed the Town of Milton's proposed Official Plan Amendment No. 31.

Following a case management conference and the execution of Minutes of Settlement between the Town, Halton Region, and several restaurant appellants, the Ontario Land Tribunal allowed the appeals in part on consent.

The Tribunal ordered modifications to OPA 31 policies regarding drive-through service facilities and automobile-oriented uses in major nodes and the central business district.

The applicant successfully appealed the Town's refusal of a zoning by-law amendment to permit a bed and breakfast.

Following the appeal, the applicant brought a motion for costs of $18,978.09, alleging the Town's conduct during the municipal planning process was unreasonable and designed to obstruct the application.

The Tribunal dismissed the motion, holding that its jurisdiction to award costs under Rule 23 is limited to conduct occurring during the Tribunal proceeding itself, not the preceding municipal planning process.

At a Case Management Conference regarding appeals for a proposed gravel pit expansion, the Ontario Land Tribunal granted participant status to two individuals on consent.

The Tribunal also substituted the Federation of Tiny Township Shoreline Associations for an individual objector.

A pending motion to consolidate an appeal regarding a permit to take water was scheduled to be heard at the next Case Management Conference.

This was the first Case Management Conference regarding multiple appeals of the new Official Plan for the City of Burlington, as modified and approved by the Regional Municipality of Halton.

The Tribunal granted party and participant status to several requestors and set deadlines for the submission of issues lists and a draft Procedural Order.

A subsequent Case Management Conference was scheduled to address overlapping appeals with another Official Plan Amendment.

The Ontario Land Tribunal issued an amending order to correct a typographical error in its previous order dated June 14, 2021, pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure.

Paragraph 14 of the original order was replaced to clarify the design requirements for automobile-oriented development.

The applicant appealed the City of Hamilton's failure to make a decision on a zoning by-law amendment application for 195 Wellington Street South.

Following an adjournment due to COVID-19, the parties advised the Tribunal that they had worked toward resolving their issues and requested a settlement hearing.

The Tribunal scheduled a one-day settlement hearing by video for September 28, 2021, and issued directions for the filing of settlement materials.

The Tribunal held a Case Management Conference regarding appeals by Cento Homes & Renovations Inc. against the City of Hamilton's refusal to amend the Official Plan and Zoning By-law to permit six townhouse dwellings.

The Tribunal received and issued the requested Procedural Order on consent.

The applicant sought provisional consent to sever a residential lot and minor variances for reduced lot frontages to construct two new dwellings.

The Town's Committee of Adjustment denied the variances, and the Region's Land Division Committee approved the consent.

The applicant appealed the variance refusals, and a neighbour appealed the consent approval.

The Tribunal found that the proposed development was compatible with the diverse neighbourhood, met the four tests for minor variances under s. 45(1) of the Planning Act, and satisfied the criteria for consent under s. 51(24).

The neighbour's appeal was dismissed, and the applicant's appeals were allowed.

The applicant appealed the refusal of a request for consent to sever a corner lot to create an additional lot fronting onto Stokes Drive.

The Tribunal heard from three land use planners.

The Tribunal found that the creation of one additional lot within an existing plan of subdivision in a designated settlement area can be determined through the satisfaction of the criteria set out in s. 51(24) of the Planning Act.

The Tribunal allowed the appeal and granted provisional consent subject to conditions, finding the proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The applicant appealed the Town of Oakville's refusal of Official Plan and Zoning By-law amendments to permit a 7-storey hotel.

The parties reached a settlement that addressed the Town's concerns regarding site access by protecting a potential full movement access driveway through an adjacent property.

Based on uncontested expert planning evidence, the Tribunal found the proposed amendments consistent with provincial policy and in conformity with regional and local official plans.

The appeals were allowed in part to implement the settlement.

The applicant appealed the City of Toronto's failure to make a decision on an application to amend the zoning by-law to permit a 43-storey residential tower.

The Tribunal previously allowed the appeal in principle and withheld its final order pending the satisfaction of certain conditions.

Having been notified that the conditions were satisfied and provided with the final form of the by-laws, the Tribunal issued its final order amending the zoning by-laws.

The applicant requested a further extension of the lapsing date for a conditional site plan approval originally granted by the Board in 2015.

The Tribunal granted the request and ordered that the conditional approval lapse if final approval is not issued by August 20, 2021.

The Township of Oro-Medonte brought a motion seeking directions in an appeal of a zoning by-law amendment regulating cannabis production facilities.

The Township sought to exclude an issue regarding whether the by-law restricted normal farm practices, arguing the Normal Farm Practices Protection Board had exclusive jurisdiction.

The Township also sought to bifurcate the appeals and consolidate one appellant's appeal with a separate Development Charges Act appeal.

The Ontario Land Tribunal held that it had jurisdiction to consider whether the by-law restricted normal farm practices as part of its planning analysis, though it could not issue a formal declaration of contravention under the Farming and Food Production Protection Act, 1998.

The Tribunal dismissed the requests to bifurcate the appeals and to consolidate the development charges appeal, finding that consolidation of the zoning appeals was more efficient and the development charges appeal involved distinct issues.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal by TPC at Marlwood Inc. against the Town of Wasaga Beach for failing to make a decision on official plan and zoning by-law amendments for a 60-unit residential development.

The Tribunal granted Participant status to an adjacent resident and a neighbouring developer.

Noting ongoing settlement discussions, the Tribunal scheduled a second Case Management Conference for November 2021, which may be converted to a settlement hearing if an agreement is reached.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by the applicant for an Official Plan Amendment and Zoning By-law Amendment to permit a 10-storey residential condominium.

The Tribunal allowed the applicant to amend its appeal to include recently acquired adjacent lands, finding no prejudice to any parties.

Several individuals and a neighbourhood group were granted participant status on consent.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment application for an 8-storey mixed-use building.

The Applicant withdrew a motion for a draft Procedural Order.

The Tribunal granted party status to the Parkdale Neighbourhood Land Trust and participant status to several individuals, while denying participant status to two individuals who were on the Board of Directors of the newly added party.

A 13-day hearing was scheduled for May 2022.

The appellant appealed the Township of Springwater's denial of consent and minor variance applications to create four new residential lots on a merged property in the Midhurst Settlement Area.

The proposed lots required relief for reduced lot frontage and exterior side yard setback.

The Tribunal allowed the appeals, finding that the applications met the four tests for minor variances under the Planning Act, conformed to local and provincial planning policies promoting intensification within settlement areas, and represented good planning.

Provisional consent was granted subject to conditions, including entering into a Consent Agreement.