Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE:
August 31, 2023
CASE NO(S).:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Roman Catholic Episcopal Corporation for the Diocese of London, Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 760
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1284(wy)-140 (OPA 760)
Property Address:
Lands by Richmond St, Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004094
OLT Lead Case No.:
OLT-22-004094
OLT Case Name:
Auburn Developments Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 761
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1284(wy)-140 (OPA 761)
Property Address:
Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004095
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Roman Catholic Episcopal Corporation for the Diocese of London, Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 59
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bg)-142 (LPA 59)
Property Address:
Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004096
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 60
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bh)-143 (LPA 60)
Property Address:
Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004097
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 61
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bi)-144 (LPA 61)
Property Address:
Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004098
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 62
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bj)-145 (LPA 62)
Property Address:
Lands by Richmond St., Dufferin Ave., Queens Ave., Adelaide St. and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004098
OLT Lead Case No.:
OLT-22-004094
Heard:
July 21, 2023 by Video Hearing
APPEARANCES:
Parties
Counsel
Auburn Developments Inc. (“Auburn”)
L. English P. Morley (in absentia)
Farhi Holdings Corporation (“Farhi”)
T. Duchene A. Baroudi (for P. Lombardi, in absentia)
Roman Catholic Episcopal Corporation for the Diocese of London (“Diocese”)
A. Baroudi
City of London (“City”)
A. Hovius C. McCreery
MEMORANDUM OF ORAL DECISION DELIVERED BY S. TOUSAW ON JULY 21, 2023 AND ORDER OF THE TRIBUNAL
1This second Case Management Conference (“CMC”) was convened for appeals to the City’s adoption of Official Plan Amendments (“OPAs”) which, collectively, constitute the Victoria Park Secondary Plan (“SP”).
2Originally scheduled in April 2023, this CMC was rescheduled to today at the request of the Parties to enable further discussions.
3Today, on consent, the Parties requested that: a five-day hearing be scheduled; a pre-hearing CMC be convened, if needed; a final Procedural Order (“PO”) with Issues List (“IL”) be filed by August 4, 2023; and proposed modifications to the OPAs be considered at the Hearing on the merits.
4The Parties advised that they have discussed, and continue to discuss, proposed modifications to the OPAs to resolve certain issues. Such modifications may be presented to the Tribunal at the Hearing on the merits for consideration in the final Decision. The Diocese’s appeal has been resolved based on proposed modifications which will be addressed through evidence at the hearing. The appeals of Auburn (now settled) and Farhi remain, although the resolution of certain issues is being pursued, which may lead to further requested modifications at the hearing.
5The City filed a completed PO with IL, with consent of all Parties, which is approved as contained in Appendix 1. With the Tribunal’s consent, the PO was filed on or about August 23, 2023, having allowed more time for the Parties’ agreement on wording, and the settlement of Auburn’s appeal which will be addressed at the hearing.
6A pre-hearing CMC is scheduled for 10 a.m. on Wednesday, December 6, 2023 by video. No further Notice will be given. Should the Parties agree that this CMC is not necessary, they may request its cancellation by Wednesday, November 22, 2023.
7The Hearing on the merits is scheduled to proceed for four days commencing at 10 a.m. on Monday, March 25, 2024, to Thursday, March 28, 2024, by video. No further notice will be given.
8The CMC and Hearing on merits are scheduled to proceed by video as follows: CMC: Wednesday, December 6, 2023 at 10.a.m. GoTo Meeting: https://global.gotomeeting.com/join/979388733 Access code: 979-388-733 Audio-only telephone line: (Toll Free) 1-888-299-1889 or (647) 497-9373 Audio-only access code: 979-388-733 Hearing: Monday, March 25, 2024 at 10.a.m. to Thursday, March 28, 2024 GoTo Meeting: https://global.gotomeeting.com/join/765631861 Access code: 765-631-861 Audio-only line: (Toll Free) 1-888-455-1389 or (647) 497-9391 Audio-only access code: 765-631-861
9Parties and participants are asked to log in to the Video Hearing at least 15 minutes before the start of the event to test their video and audio connections.
10Parties and Participants are asked to access and set up the application well in advance of the event to avoid unnecessary delay. The desktop application can be downloaded at GoToMeeting or a web application is available: https://app.gotomeeting.com/home.html
11Persons who experience technical difficulties accessing the GoToMeeting application or who only wish to listen to the event can connect to the event by calling into an audio-only telephone line.
12Individuals are directed to connect to the event on the assigned date at the correct time. It is the responsibility of the persons participating in the Hearing by video to ensure that they are properly connected to the event at the correct time. Questions prior to the Hearing event may be directed to the Tribunal’s Case Coordinator having carriage of this case.
ORDER
13The Tribunal Orders its directions and findings as set out above.
14The Tribunal Orders that the Procedural Order is approved as contained in Appendix 1.
15This Member is not seized but may be contacted through the Case Coordinator should procedural issues arise.
“S. Tousaw”
S. tousaw
VICE-CHAIR
Ontario Land Tribunal
Website: olt.gov.on.ca Telephone: 416-212-6349 Toll Free: 1-866-448-2248
The Conservation Review Board, the Environmental Review Tribunal, the Local Planning Appeal Tribunal and the Mining and Lands Tribunal are amalgamated and continued as the Ontario Land Tribunal (“Tribunal”). Any reference to the preceding tribunals or the former Ontario Municipal Board is deemed to be a reference to the Tribunal.
Appendix 1
ONTARIO LAND TRIBUNAL
CASE NO(S).: OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Roman Catholic Episcopal Corporation for the Diocese of London, Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 760
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1284(wy)-140 (OPA 760)
Property Address:
Lands by Richmond St, Dufferin Ave, Queens Ave, Adelaide St and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004094
OLT Lead Case No.:
OLT-22-004094
OLT Case Name:
Auburn Developments Inc. v. London (City)
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 761
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1284(wy)-140 (OPA 761)
Property Address:
Lands by Richmond St, Dufferin Ave, Queens Ave, Adelaide St and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004095
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Roman Catholic Episcopal Corporation for the Diocese of London, Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 59
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bg)-142 (LPA 59)
Property Address:
Lands by Richmond St, Dufferin Ave, Queens Ave, Adelaide St and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004096
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 60
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bh)-143 (LPA 60)
Property Address:
Lands by Richmond St, Dufferin Ave, Queens Ave, Adelaide St and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004097
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 61
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bi)-144 (LPA 61)
Property Address:
Lands by Richmond St, Dufferin Ave, Queens Ave, Adelaide St and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004098
OLT Lead Case No.:
OLT-22-004094
PROCEEDING COMMENCED UNDER subsection 17(24) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Appellant:
Auburn Developments Inc., Farhi Holdings Corporation
Subject:
Proposed Official Plan Amendment No. 62
Description:
To permit future development and redevelopment in the Victoria Park Secondary Plan area
Reference Number:
C.P.-1512(bj)-145 (LPA 62)
Property Address:
Lands by Richmond St, Dufferin Ave, Queens Ave, Adelaide St and CPR tracks
Municipality/UT:
City of London
OLT Case No.:
OLT-22-004098
OLT Lead Case No.:
OLT-22-004094
- The Tribunal may vary or add to the directions in this procedural order at any time by an oral ruling or by another written order, either on the parties’ request or its own motion.
Organization of the Hearing
- The video hearing will begin on March 25, 2024 at 10:00 a.m. and continue for four (4) days.
Link: https://global.gotomeeting.com/join/765631861
Access Code: 765-631-861
Phone Nos.: (Toll Free) 1-888-455-1389 or (647) 497-9391
The parties’ initial estimation for the length of the hearing is four (4) days. The parties are expected to cooperate to reduce the length of the hearing by eliminating redundant evidence and attempting to reach settlements on issues where possible.
The parties and participants identified at the case management conference are set out in Attachment 1 (see the sample procedural order for the meaning of these terms).
The issues are set out in the Issues List attached as Attachment 2. There will be no changes to this list unless the Tribunal permits, and a party who asks for changes may have costs awarded against it.
The order of evidence shall be as set out in Attachment 3 to this Order. The Tribunal may limit the amount of time allocated for opening statements, evidence in chief (including the qualification of witnesses), cross-examination, evidence in reply and final argument. The length of written argument, if any, may be limited either on the parties’ consent, subject to the Tribunal’s approval, or by Order of the Tribunal.
Any person intending to participate in the hearing should provide a mailing address, email address and a telephone number to the Tribunal as soon as possible – ideally before the case management conference. Any person who will be retaining a representative should advise the other parties and the Tribunal of the representative’s name, address, email address and the phone number as soon as possible.
Any person who intends to participate in the hearing, including parties, counsel and witnesses, is expected to review the Tribunal’s Video Hearing Guide, available on the Tribunal’s website.
Requirements Before the Hearing
A party who intends to call witnesses, whether by summons or not, shall provide to the Tribunal and the other parties a list of the witnesses and the order in which they will be called. This list must be delivered on or before Friday, January 19, 2024 and in accordance with paragraph 22 below. A party who intends to call an expert witness must include a copy of the witness’ Curriculum Vitae and the area of expertise in which the witness is prepared to be qualified.
Expert witnesses in the same field shall have a meeting on or before Monday, January 29, 2024 and use best efforts to try to resolve or reduce the issues for the hearing. Following the experts’ meeting the parties must prepare and file a Statement of Agreed Facts and Issues with the OLT case co-ordinator on or before Friday, February 2, 2024.
An expert witness shall prepare an expert witness statement, which shall list any reports prepared by the expert, or any other reports or documents to be relied on at the hearing. Copies of this must be provided as in paragraph 13 below. Instead of a witness statement, the expert may file his or her entire report if it contains the required information. If this is not done, the Tribunal may refuse to hear the expert’s testimony.
Expert witnesses who are under summons but not paid to produce a report do not have to file an expert witness statement; but the party calling them must file a brief outline of the expert’s evidence as in paragraph 13 below. A party who intends to call a witness who is not an expert must file a brief outline of the witness’ evidence, as in paragraph 13 below.
On or before Friday, February 9, 2024 (45 days) the parties shall provide copies of their [witness and] expert witness statements to the other parties and to the OLT case co-ordinator and in accordance with paragraph 22 below.
On or before Friday, February 9, 2024 (45 days) a participant shall provide copies of their written participant statement to the other parties in accordance with paragraph 22 below. A participant cannot present oral submissions at the hearing on the content of their written statement, unless ordered by the Tribunal.
On or before Friday, February 23, 2024 the parties shall confirm with the Tribunal if all the reserved hearing dates are still required.
On or before February 9, 2024, the parties shall provide copies of their visual evidence to all of the other parties in accordance with paragraph 22 below. If a model will be used, all parties must have a reasonable opportunity to view it before the hearing.
Parties may provide to all other parties and the OLT case co-ordinator a written response to any written evidence within ten (10) days after the evidence is received and in accordance with paragraph 22 below.
The parties shall cooperate to prepare a joint document book which shall be shared with the OLT case co-ordinator on or before Friday, March 15, 2024 (10 days).
A person wishing to change written evidence, including witness statements, must make a written motion to the Tribunal. See Rule 10 of the Tribunal’s Rules with respect to Motions, which requires that the moving party provide copies of the motion to all other parties 15 days before the Tribunal hears the motion.
A party who provides written evidence of a witness to the other parties must have the witness attend the hearing to give oral evidence, unless the party notifies the Tribunal at least 7 days before the hearing that the written evidence is not part of their record.
The parties shall prepare and file a preliminary hearing plan with the Tribunal on or before Monday, March 18, 2024 (7 days) with a proposed schedule for the hearing that identifies, as a minimum, the parties participating in the hearing, the preliminary matters (if any to be addressed), the anticipated order of evidence, the date each witness is expected to attend, the anticipated length of time for evidence to be presented by each witness in chief, cross-examination and re-examination (if any) and the expected length of time for final submissions. The parties are expected to ensure that the hearing proceeds in an efficient manner and in accordance with the hearing plan. The Tribunal may, at its discretion, change or alter the hearing plan at any time in the course of the hearing.
All filings shall be submitted electronically and in hard copy. Electronic copies may be filed by email, an electronic file sharing service for documents that exceed 10MB in size, or as otherwise directed by the Tribunal. The delivery of documents by email shall be governed by the Rule 7.
No adjournments or delays will be granted before or during the hearing except for serious hardship or illness. The Tribunal’s Rule 17 applies to such requests.
This Member is not seized.
So orders the Tribunal.
Attachment to Sample Procedural Order
Meaning of terms used in the Procedural Order:
A party is an individual or corporation permitted by the Tribunal to participate fully in the hearing by receiving copies of written evidence, presenting witnesses, cross-examining the witnesses of the other parties, and making submissions on all of the evidence. An unincorporated group cannot be a party and it must appoint one person to speak for it, and that person must accept the other responsibilities of a party as set out in the Order. Parties do not have to be represented by a lawyer and may have an agent speak for them. The agent must have written authorisation from the party.
NOTE that a person who wishes to become a party before or at the hearing, and who did not request this at the case management conference (CMC), must ask the Tribunal to permit this.
A participant is an individual or corporation, whether represented by a lawyer or not, who may make a written submission to the Tribunal. A participant cannot make an oral submission to the Tribunal or present oral evidence (testify in-person) at the hearing (only a party may do so). Section 17 of the Ontario Land Tribunal Act states that a person who is not a party to a proceeding may only make a submission to the Tribunal in writing. The Tribunal may direct a participant to attend a hearing to answer questions from the Tribunal on the content of their written submission, should that be found necessary by the Tribunal. A participant may also be asked questions by the parties should the Tribunal direct a participant to attend a hearing to answer questions on the content of their written submission.
A participant must be identified and be accorded participant status by the Tribunal at the CMC. A participant will not receive notice of conference calls on procedural issues that may be scheduled prior to the hearing, nor receive notice of mediation. A participant cannot ask for costs, or review of a decision, as a participant does not have the rights of a party to make such requests of the Tribunal.
Written evidence includes all written material, reports, studies, documents, letters and witness statements which a party or participant intends to present as evidence at the hearing. These must have pages numbered consecutively throughout the entire document, even if there are tabs or dividers in the material.
Visual evidence includes photographs, maps, videos, models, and overlays which a party or participant intends to present as evidence at the hearing.
A witness statement is a short written outline of the person’s background, experience and interest in the matter; a list of the issues which he or she will discuss ; and a list of reports or materials that the witness will rely on at the hearing.
An expert witness statement should include his or her (1) name and address, (2) qualifications, (3) a list of the issues he or she will address, (4) the witness’ opinions on those issues and the complete reasons supporting their opinions and conclusions and (5) a list of reports or materials that the witness will rely on at the hearing. An expert witness statement must be accompanied by an acknowledgement of expert’s duty.
A participant statement is a short written outline of the person’s or group’s background, experience and interest in the matter; a statement of the participant’s position on the appeal; a list of the issues which the participant wishes to address and the submissions of the participant on those issues; and a list of reports or materials, if any, which the participant wishes to refer to in their statement.
Additional Information
A summons may compel the appearance of a person before the Tribunal who has not agreed to appear as a witness. A party must ask a Tribunal Member or the senior staff of the Tribunal to issue a summons through a request. (See Rule 13 on the summons procedure.) The request should indicate how the witness’ evidence is relevant to the hearing. If the Tribunal is not satisfied from the information provided in the request that the evidence is relevant, necessary or admissible, the party requesting the summons may provide a further request with more detail or bring a motion in accordance with the Rules.
The order of examination of witnesses is usually direct examination, cross-examination and re-examination in the following way:
direct examination by the party presenting the witness;
direct examination by any party of similar interest, in the manner determined by the Tribunal;
cross-examination by parties of opposite interest;
re-examination by the party presenting the witness; or
another order of examination mutually agreed among the parties or directed by the Tribunal.
Attachment 1
Parties:
Appellant/Party
Counsel
Contact
Stephen Stapleton Auburn Developments Inc.
Piper Morley Lee English
Borden Ladner Gervais LLP Bay Adelaide Centre, East Tower 22 Adelaide St. W Toronto, ON M5H 4E3 Phone: 416.367.6591 pmorley@blg.com lenglish@blg.com
Farhi Holdings Company
Paula Lombardi
Siskinds LLP 275 Dundas Street, Unit 1 London, ON N6B 3L1 Phone: 519.660.7879 paula.lombardi@siskinds.com
Dave Savel Roman Catholic Episcopal Corporation
Analee Baroudi
Baroudi Law 902 Thistleridge Crescent London, ON N6K 0B8 Phone: 519.200.3776 analee@baroudilaw.ca
City of London
Aynsley Hovius Christina McCreery
City Solicitor’s Office City of London 300 Dufferin Ave London, ON Phone: 519.639.7408 ahovius@london.ca cmccreery@london.ca
Attachment 2
FHC ISSUES LIST
Do the guiding principles defined in Section 1.6 of the Victoria Park Secondary Plan (the “VPSP”) adequately encourage redevelopment and intensification opportunities for the North Policy Area, consistent with the policies of the Provincial Policy Statement, 2020 (“PPS”), specifically Policies 1.1.1, 1.1.3, 1.4.3, 1.7.1 and 1.8.1, and in conformity with policies of The London Plan, specifically Policy 59 and Policies 79 through 98?
Does the North Policy Area characterized in Section 2.2 of the VPSP accurately describe the existing development context of this neighbourhood and appropriately identify the range of future uses and intensification within this neighbourhood?
Do the land use and height permissions prescribed in Sections 3.6 and 3.7 of this Secondary Plan appropriately promote intensification, redevelopment and compact form within the North Policy Area, consistent with the policies of the PPS, specifically Policies 1.1.1, 1.1.3, 1.4.3, 1.7.1 and 1.8.1, and in conformity with policies of The London Plan addressing the applicable Rapid Transit Corridor and Neighbourhoods place types, specifically Policy 197, Policies 826 through 830, Policies 836 through 848, Policies 916 through 940, Tables 8 through 12, Policy 953 and Policies 1638 through 1641?
Does Section 3.7, 3.7.1. Table 1: Permitted Heights, and Schedule 4: Permitted Heights of the VPSP provide sufficient clarity to confirm the permitted building height and massing of new development within the North Policy Area, particularly in instances where lot consolidation is planned to advance redevelopment and intensification projects? Are these Policies consistent with the policies of the PPS, specifically Policies 1.1.1, 1.1.3, 1.4.1 and 1.4.3, and in conformity with The London Plan, including the City Design chapter (Policies 189 through 306) and place type boundary interpretation policies (Policies 831 though 835), and does this policy have due consideration for the existing development context?
Do the built form policies in Section 3.8 of the VPSP provide appropriate direction for new development within the North Policy Area, and are these policies consistent with the policies of the PPS, specifically Policies 1.1.1, 1.1.3, 1.4.3, 1.7.1 and 1.8.1, and in conformity with the policies of The London Plan, specifically Policies 189 through 306 and the form policies of the Rapid Transit Corridor place type (Policy 841), the Richmond Row Main Street segment (Policy 848) and the Neighbourhoods place type (Policy 936)? In particular, do the ‘High-Rise Buildings’ policies defined in Section 3.8.6 of this Secondary Plan relating to maximum podium height and maximum residential tower floor plate inappropriately constrain redevelopment and intensification opportunities for properties within the North Policy Area?
Is it appropriate, does it represent good planning, and is it in the public interest, to have a policy in the VPSP that establishes a 25% affordable housing component within the North Policy Area (Policy 3.10) without clear policy direction to consider alternative affordable housing approaches to satisfy this Policy or to define how affordable housing units would be fairly and consistently distributed amongst new and existing development in the Secondary Plan area? Is the inclusion of the affordable housing policy (Policy 3.10) consistent with the Policies 1.1.1, 1.1.3 and 1.4.3 of the PPS, and Policies 516 to 523 of the London Plan relating to affordable housing considerations?
Do the policies of the VPSP as it relates to the North Policy Area represent good planning, in the public interest, consistent with the Provincial Policy Statement, 2020 and conform with Policies 41 and 43 of The London Plan.
NOTE: Identification of an issue on this list does not mean that all parties agree that such an issue, or the manner in which it is expressed, is appropriate or relevant for the proper determination of the matter. The extent of the appropriateness and/or relevance of the issue may be a matter of evidence and/or argument at the hearing.
Attachment 3
Order of Evidence:
City factual overview;
Farhi Holdings Company;
City of London;
Farhi Reply