OLT 2024

The Ontario Land Tribunal held a Case Management Conference regarding appeals of Environmental Penalty Orders issued for contaminated water allegedly emitted from a former graphite mine.

The parties reported progress in their discussions and requested that the scheduled October 2024 hearing dates be vacated.

The Tribunal granted the request, vacated the hearing dates, and scheduled a further Case Management Conference for September 2024.

The Tribunal issued a procedural order on consent following a case management conference regarding an appeal of an Official Plan Amendment to expand the settlement area boundary of the Village of Lucan.

The hearing is scheduled for four days commencing January 20, 2025.

The applicant appealed the City's failure to make decisions on applications for a Zoning By-law Amendment, Draft Plan of Subdivision, and Site Plan to permit a four-building residential redevelopment.

The parties reached a settlement, which City Council approved in principle.

Based on uncontested planning evidence, the Tribunal allowed the zoning appeal in part on an interim basis, approving the draft Zoning By-law Amendment in principle subject to conditions.

The subdivision and site plan appeals were adjourned sine die.

The appellant appealed a condition of a consent approval that required dedicating portions of a road traversing the subject lands to the Township.

The appellant argued the dedication was excessive and inappropriate given the topography, the road's dead-end nature, and a historical settlement where the Township had previously returned surplus road lands to the family.

The Tribunal accepted uncontested expert planning evidence that the condition went beyond policy direction.

The appeal was allowed and the condition was revised to limit the dedication to the travelled portion of the road on the severed lot.

The appellant appealed the Town's refusal of applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a townhouse development.

The parties reached a settlement for a revised 30-unit development, and the Official Plan Amendment appeal was withdrawn.

Based on uncontested expert planning evidence, the Tribunal found the revised proposal consistent with the Provincial Policy Statement and in conformity with the Growth Plan, Regional Official Plan, and Town Official Plan.

The Tribunal allowed the appeals in part, approving the draft Zoning By-law Amendment and Site Plan in principle, withholding its final order pending finalization of the instruments.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by multiple developers against the Town of The Blue Mountains' Development Charges By-law 2024-29.

The parties advised that mediation was being discussed and draft issues lists were circulating.

The Tribunal scheduled a second Case Management Conference and directed the parties to finalize their issues lists and file a draft Procedural Order.

The applicant appealed the City's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development consisting of single detached units, townhouses, and apartments.

The parties reached a settlement resolving most issues, deferring consideration of one medium-density block, and addressing noise classification.

Based on uncontroverted expert planning evidence, the Tribunal found the applications consistent with the Provincial Policy Statement and in conformity with the Growth Plan.

The Tribunal allowed the appeals, approving the instruments in principle subject to conditions.

The applicant appealed the Township's Committee of Adjustment decision refusing a minor variance application to convert a cottage property into a seasonal recreational camp.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert planning evidence, the Tribunal found that the requested variances satisfied the four tests under section 45(1) of the Planning Act.

The appeal was allowed and the variances were authorized subject to site plan control and other conditions.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a residential development.

The parties reached a settlement.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed development consistent with provincial policies and representative of good planning.

The Tribunal allowed the appeals in part, amending the Zoning By-law and approving the Draft Plan of Subdivision subject to conditions.

The appellants appealed the Niagara Escarpment Commission's conditional approval of a development permit for the construction of a two-storey accessory structure (garage) and other site alterations on a residential property.

The appellants, who were self-represented neighbours, raised concerns regarding drainage, visual impact, privacy, and neighbourhood compatibility.

The Hearing Officer accepted the uncontradicted expert planning evidence of the applicant that the proposed development is a permitted accessory use that conforms with the Niagara Escarpment Plan, the Provincial Policy Statement, and local official plans.

The appeal was dismissed and the Commission's decision to issue the permit was confirmed.

The applicant appealed the City of Orillia's failure to make a decision on zoning by-law amendment and site plan approval applications for an 8-storey apartment building.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning evidence, the Tribunal found the proposed development is consistent with provincial policies, conforms to the official plan, and represents good planning.

The appeal was allowed in part, approving the zoning by-law amendment and granting interim approval of the site plan.

The Ontario Land Tribunal issued a Procedural Order on consent of the parties to govern the proceedings for an appeal concerning a zoning by-law amendment application.

The application seeks to permit the development of a 4-storey apartment building with 47 residential units in the City of Brantford.

The hearing is scheduled to commence on March 4, 2025, for four days.

The parties made a joint request to amend a date in the Procedural Order regarding the Agreed Statement of Facts and Issues.

The Ontario Land Tribunal granted the request and amended the date from August 30, 2024, to September 30, 2024.

The applicant appealed the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Application for a proposed 23-storey mixed-use building.

Prior to the hearing, the parties reached a settlement reducing the building height to 16 storeys and making other design modifications.

Based on uncontroverted expert planning evidence, the Tribunal found the settlement consistent with provincial policies and the Official Plan.

The Tribunal allowed the appeal in part, approving the Zoning By-law Amendment in principle while withholding the final order pending the fulfillment of engineering and servicing conditions.

The applicants appealed to the Ontario Land Tribunal seeking a five-year extension for the approval of a draft plan of subdivision for a vacant land condominium project, along with revised conditions and a servicing agreement.

The parties reached a settlement prior to the hearing.

The Tribunal accepted uncontested expert planning evidence that the revised application was consistent with provincial policies and conformed to the applicable official plans.

The appeal was allowed in part, and the revised draft plan was approved subject to conditions.

The Ontario Land Tribunal issued an amending decision to correct a technical omission in its July 26, 2024 decision.

The amendment adds Schedule A, which contains the Procedural Order governing the organization and schedule of the upcoming hearing for appeals related to an Official Plan Amendment, Zoning By-law Amendments, and a Heritage Alteration Application for properties in the Town of Kingsville.

The appellant appealed the City of Toronto's refusal of Official Plan and Zoning By-Law Amendments to permit a mixed-use development at 1366 Yonge Street.

Following mediation, the parties reached a settlement for a revised 49-storey building.

Participants objected to the loss of existing medical office uses.

The Tribunal accepted uncontested expert planning evidence that the revised proposal, which includes live-work units and a right of first return for a medical lab, represents good planning, is consistent with provincial policies, and conforms to the Official Plan.

The appeals were allowed in part on an interim basis, with final approval withheld pending satisfaction of conditions.

The applicant appealed the City of Toronto's failure to make a decision regarding a site plan application.

At the second Case Management Conference, the applicant requested that a hearing on the merits be scheduled.

The City requested an additional Case Management Conference to allow time for the related zoning by-law to be finalized, which would inform the issues list.

The Tribunal declined to schedule the merit hearing without a full understanding of the issues list and scheduled a further Case Management Conference.

The appellants appealed the Township's approval of a Zoning By-law Amendment that would rezone a severed portion of agricultural land to Rural Residential.

The Tribunal heard uncontroverted expert planning evidence from the Township's Manager of Planning, who had been summoned by the appellants, that the amendment did not conform to the applicable Official Plans and was inconsistent with the Provincial Policy Statement because it would result in the loss of agricultural land and exceed the permitted number of severances.

The Tribunal allowed the appeal and repealed the Zoning By-law Amendment.

The Tribunal held a settlement hearing regarding an appeal by Loblaw Companies Limited against the City of Ottawa's adoption of the Orléans Corridor Secondary Plan.

Based on uncontested expert land use planning evidence, the Tribunal approved the proposed settlement amendments, finding they have regard for provincial interests, are consistent with the Provincial Policy Statement, and conform to the City's Official Plan.

The amendments provide clearer, less prescriptive policy direction while maintaining the vision of the secondary plan.