OLT 2021

The applicant appealed the City of Toronto's failure to approve a site plan application for a car dealership within the statutory timeframe.

The City brought a motion to adjourn the scheduled one-day hearing because the applicant recently disclosed that foundation piles would encroach into lands required for a future road widening.

The Tribunal granted the adjournment on consent, setting a new three-day hearing schedule to allow the City to review the revised drawings and potentially call expert engineering evidence.

The appellants appealed the City of Mississauga's passing of Zoning By-law No. 0121-2020, which introduced new office zones and permitted uses.

The parties reached a settlement and presented a draft Zoning By-law Amendment to the Tribunal.

Based on the uncontradicted expert planning evidence, the Tribunal found the settlement and draft amendment were consistent with the Provincial Policy Statement, conformed to the Growth Plan, and maintained the intent of the applicable official plans.

The Tribunal allowed the appeal in part to implement the settlement.

The appellant appealed a zoning by-law amendment passed by the municipality to facilitate the development of apartment buildings.

Prior to the hearing, the parties reached a settlement for a revised proposal of one 3-storey apartment building with 41 units, requiring an amendment to permit front yard parking.

Based on uncontested expert planning evidence, the Tribunal found the revised amendment consistent with the Provincial Policy Statement and in conformity with the applicable official plans.

The appeal was allowed in part to amend the by-law in accordance with the settlement.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its previous order regarding a minor variance and site plan appeal.

The amendment clarified that the $52,000 cash contribution to the City of Toronto must be made prior to the issuance of Site Plan Approval or further building permits, and that the amount shall be indexed upwardly.

A case management conference was held regarding appeals by RIC (Midland Lane) Inc. for the Town of Midland's failure to make decisions on a zoning by-law amendment and draft plan of subdivision within the statutory timeframes.

The Tribunal granted party status to ADM Agri-Industries Company on consent.

The parties requested and the Tribunal scheduled a further case management conference for April 2022 and a 25-day hearing on the merits for September and October 2022.

The appellant appealed the City of London's approval of Official Plan and Zoning By-law Amendments that would permit a 42-unit affordable housing development.

The appellant argued that the neighbourhood was deficient in parkland and that the development should include on-site park dedication.

The Tribunal dismissed the appeals, accepting the uncontroverted expert planning evidence that the development is an appropriate form of intensification, conforms to the Official Plan, and is consistent with the Provincial Policy Statement.

The Tribunal also found that the City's decision to take cash-in-lieu of parkland was appropriate given the small size of the site.

The appellants appealed the Town of Whitby's approval of a temporary use zoning by-law amendment that permitted an existing rural residential structure to be used as a place of worship for three years.

The appellants raised concerns regarding traffic, parking, and building code compliance.

The Tribunal dismissed the appeal, accepting uncontested expert evidence that the temporary use was consistent with the Provincial Policy Statement, conformed to the Greenbelt Plan and applicable Official Plans, and could be safely accommodated by existing infrastructure.

The Tribunal approved the by-law in principle, withholding its final order until a Change of Use Permit is granted.

At a second Case Management Conference regarding an appeal of the City of Toronto's failure to make a decision on a zoning by-law amendment for a 14-storey mixed-use building, the Tribunal granted a request by a local resident to convert his Party status to Participant status.

The Tribunal also approved the Procedural Order agreed upon by the parties to govern the upcoming ten-day hearing.

The appellants appealed the City of Cambridge Committee of Adjustment's decision to dismiss their minor variance application.

The application sought variances for minimum lot area and frontage to permit the construction of a one-bedroom accessory dwelling unit in the basement of an existing house.

The Ontario Land Tribunal found that the variances met the four tests under section 45(1) of the Planning Act, as they maintained the general intent and purpose of the official plan and zoning by-law, were minor in nature, and were desirable for the appropriate development of the land.

The appeal was allowed and the variances were authorized subject to the condition that the unit be limited to one bedroom.

The appellants appealed the Township of Georgian Bay's refusal to grant a zoning by-law amendment to permit the replacement of an existing dwelling with a larger one.

At the first Case Management Conference, the parties indicated they were engaged in resolution discussions but requested a hearing date be set.

The Tribunal issued a Procedural Order and scheduled a three-day video hearing.

The appellant appealed a Committee of Adjustment decision granting a minor variance to reduce the minimum flankage yard setback from 15 metres to 3.35 metres for a residential addition.

The appellant raised concerns about the size, height, and potential impact on sight lines.

The Tribunal dismissed the appeal and authorized the variance, relying on undisputed planning evidence that the addition complied with all other zoning requirements, would not create traffic safety hazards, and met the four tests under the Planning Act.

The appellant appealed the municipality's failure to make a decision on a zoning by-law amendment application to permit a student residence development.

The parties initially requested a written hearing to present a settlement, but after an 11-month delay in resolving a final issue, the Tribunal converted the matter to a settlement hearing by telephone conference call.

The Tribunal directed the parties to file their settlement materials and planning affidavits in advance of the newly scheduled hearing.

The applicant appealed the City of Guelph's refusal of applications to amend the Official Plan and Zoning By-law to permit a high-density residential development consisting of 678 dwelling units and a park.

The City argued the proposal was an overdevelopment that did not conform to the Growth Plan or Official Plan, and raised traffic and parking concerns.

The Tribunal preferred the evidence of the applicant's experts, finding that the proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good land-use planning.

The Tribunal allowed the appeals and directed the amendments to the Official Plan and Zoning By-law.

The respondent, Metrolinx, brought a motion to dismiss the land compensation arbitration proceeding commenced by the claimants under the Expropriations Act.

The Ontario Land Tribunal, noting the consent of the parties, ordered the proceeding dismissed without costs.

The appellants referred a site plan application to the Ontario Land Tribunal to permit the development of a new car dealership.

The Tribunal previously issued an Interim Order approving the plans subject to conditions.

During this status update, the parties confirmed that a reference plan and revised drawings had been submitted to the municipalities.

The Tribunal scheduled a further telephone conference call to confirm satisfaction of the conditions prior to issuing a Final Order.

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Waterloo's Official Plan, zoning by-law amendments, and draft plans of subdivision.

The City withdrew its motion to geographically scope the Official Plan appeal.

The Tribunal approved a draft Procedural Order on consent of the parties, scheduling a 20-day video hearing for October 2022 and setting out the procedural requirements, including the exchange of draft conditions and expert witness meetings.

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

Following an initial settlement in 2019, the parties consented to a revised proposal for 25 stacked back-to-back townhouse units.

Based on the uncontested planning affidavit submitted on behalf of the applicant, the Tribunal allowed the appeal in part and approved the revised proposal in principle, withholding its final order until the City Solicitor confirms that the zoning by-law amendments are in a satisfactory form and the applicant has submitted revised engineering reports.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality for failing to make decisions on a proposed Plan of Subdivision and Zoning By-law Amendment.

The Tribunal granted participant status to three individuals and approved the Procedural Order and Issues List for the upcoming two-day video hearing.

The applicants sought to sever their property and obtained provisional consent and minor variances from the Committee of Adjustment.

The City subsequently amended its Zoning By-law, rendering the variances unnecessary.

The Committee then changed a condition of the consent to reflect compliance with the amended by-law, deeming the change minor.

The appellant appealed both the minor variance and the change of condition.

The applicants brought a motion to dismiss the appeals.

The Tribunal found the Change of Condition Appeal invalid because the Planning Act does not provide an appeal right for changes deemed minor.

The Tribunal also dismissed the Minor Variance Appeal as moot and lacking any land use planning grounds, since the variances were no longer required.

The appellants requested an extension of the deadline to fulfill conditions of approval for draft plans of subdivision.

With the consent of the Township of Amaranth, the Town of Orangeville, and the Credit Valley Conservation Authority, the Ontario Land Tribunal ordered an abridgement of time for service, amended specific draft plan conditions, and extended the deadline for the approval of the draft plans to December 1, 2022.