Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: January 31, 2024
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: January 16, 2024 by Telephone Conference Call (“TCC”)
APPEARANCES:
| Parties | Counsel |
|---|---|
| Auburn Developments Inc. (“Auburn”) | L. English, P. Morley (in absentia) |
| Farhi Holdings Corporation (“Fahri”) | P. Lombardi, T. Duchene (in absentia) |
| The Roman Catholic Episcopal Corporation for the Diocese of London (“Diocese”) | A. Baroudi |
| City of London (“City”) | C. McCreery, A. Hovius (in absentia) |
MEMORANDUM OF ORAL DECISION DELIVERED BY P. TOMILIN ON JANUARY 16, 2024 AND ORDER OF THE TRIBUNAL
Link to Order
1This TCC was convened for the purpose of hearing the appeals to the City’s adoption of Official Plan Amendments (“OPAs”) which, collectively, constitute the Victoria Park Secondary Plan (“VPSP”).
2Prior to the TCC, the Parties advised the Tribunal that they had resolved their issues.
3Isaac De Ceuster, a City Planner, provided a Sworn Affidavit (Exhibit 1) and was qualified by the Tribunal to provide land use planning opinion evidence in relation to the matter under appeal. Mr. De Ceuster delivered a detailed contextual and land use planning rationale in support of the settlement.
THE APPEALS
4The VPSP was adopted by Council on May 24, 2022 and was subsequently appealed by three Parties: Auburn, Fahri and Diocese. Auburn’s appeal is specific to their development application at 560-562 Wellington Street. Farhi’s appeal relates to lands in the block bounded by Hyman Street to the North, Richmond Street to the West, Central Avenue to the South and Wellington Street to the East. The Diocese’s appeal relates to its lands located between Richmond Street and Clarence Street, from Dufferin Avenue north to Angel Street, including St. Peter’s Cathedral and the former St. Peter’s School building and its/their parking areas.
PLANNING RATIONALE
5The planning policy documents related to the proposed modifications are s. 2 of the Planning Act (“Act”), the Provincial Policy Statement, 2020 (“PPS”) and the Official Plan for the City 2016 (“The London Plan”).
6It is Mr. De Ceuster ‘s opinion that the proposed modifications to the VPSP are consistent with sections 1.1.3.3, 1.7.1.d), 1.7.1.e), 2.6.1 of the PPS, by providing opportunities for transit-oriented development through intensification and redevelopment, enhancing the vitality of downtowns and main streets, encouraging a sense of place by promoting well-designed built form and by conserving cultural heritage resources.
7Mr. De Ceuster proffered that the proposed modifications have regard to matters of Provincial interest, as set out in s. 2 of the Act, through the orderly development of safe and healthy communities, appropriate location of growth and development, promotion of development that is designed to be sustainable, in that it supports public transit and would be oriented to pedestrians, and has regard to the resolution of planning conflicts involving public and private interests.
8In Mr. De Ceuster’s view the proposed modifications conform to policies of The London Plan, including Key Directions to build a mixed-use compact city by growing inwards and upwards and building strong, healthy and attractive neighbourhoods for everyone.
9Mr. De Ceuster concluded that the modifications are consistent with the intent of the VPSP to balance opportunities for compatible and sensitive intensification with the need to conserve significant cultural heritage resources, to be compatible with the surrounding context and to foster Victoria Park’s continued use as a city-wide destination for Londoners now and in the future.
ANALYSIS AND FINDINGS
10Having reviewed the uncontested planning evidence of Mr. De Ceuster, the Tribunal finds that the proposed modifications to the VPSP are consistent with the PPS, have appropriate regard for the matters of Provincial interest in s. 2 of the Act and conform to The London Plan.
ORDER
11THE TRIBUNAL ORDERS that the appeals are allowed, in part, and the Victoria Park Secondary Plan, as set out in Attachment 1 to this Order, is approved and in full force and effect on the date of issue of this Order.
“P. Tomilin”
P. TOMILIN
MEMBER
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.
Attachment 1