Ontario Land Tribunal
Tribunal ontarien de l’aménagement du territoire
ISSUE DATE: November 26, 2025
CASE NO(S).: OLT-25-000568
PROCEEDING COMMENCED UNDER subsection 22(7) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Norfolk Development Inc.
Subject: Request to amend the Official Plan – Failure to adopt the requested amendment
Description: OPA to facilitate a 15-story development containing 344 units
Reference Number: OPA-23-0002
Property Address: 162-182 Norfolk Avenue
Municipality: City of Richmond Hill
OLT Case No.: OLT-25-000568
OLT Case Name: Norfolk Development Inc. v. Richmond Hill (City)
PROCEEDING COMMENCED UNDER subsection 34(11) of the Planning Act, R.S.O. 1990, c. P.13, as amended
Applicant and Appellant: Norfolk Development Inc.
Subject: Application to amend the Zoning By-law – Refusal or neglect to make a decision
Description: ZBA to facilitate a 15-story development containing 344 units
Reference Number: ZBLA-23-0003
Property Address: 162-182 Norfolk Avenue
Municipality: City of Richmond Hill
OLT Case No.: OLT-25-000569
OLT Lead Case No.: OLT-25-000568
OLT Case Name: Norfolk Development Inc. v. Richmond Hill (City)
Heard: October 10, 2025 by video hearing
APPEARANCES:
| Parties | Counsel |
|---|---|
| Norfolk Development Inc. | S. Tomasella |
| City of Richmond Hill | C. Thorne |
MEMORANDUM OF ORAL DECISION DELIVERED BY CARMINE TUCCI ON OCTOBER 10, 2025 AND ORDER OF THE TRIBUNAL
1The matter before the Ontario Land Tribunal (the “Tribunal”), was with respect to the failure of the City of Richmond Hill to make a decision regarding an Application to amend the Official Plan and to amend the City By-law No. 23-0003.
2Norfolk Development Inc. has submitted a Revised Application to the City of Richmond Hill proposing a stepped building design with 15-storey and 10-storey massing, incorporating further step-downs to provide a transition along Norfolk Avenue. Additional setbacks are introduced on the north, south, and west sides of the site.
3The proposed density has been reduced from 5.9 Floor Space Index (“FSI”) to 5.2 FSI, and the total number of dwelling units decreased from 406 to 344 units, ranging from one- to three-bedroom layouts. However, during this third resubmission, it was discovered that the FSI had been incorrectly calculated; the correct figure should be 4.48 FSI.
4The lands are located on the west side of Norfolk Avenue, south of Major Mackenzie Drive East, and consist of six assembled residential lots with a combined frontage of 94.3 metres (309.4 feet) and a total area of 0.55 hectares (1.36 acres). These lots currently contain six single-detached dwellings, which will be demolished to accommodate the proposed development.
5The Original Application envisioned a high-density residential project comprising two towers (14 and 16 storeys) connected by a 6-storey podium, with a total gross floor area of 27,989 square metres (“sq m”). It included 406 dwelling units (studio, one-, two-, and three-bedroom) and three levels of underground parking providing 388 spaces. The proposal also featured a 274 sq m park along the northern property line to create a connection from Norfolk Avenue to Essex Parkette.
6An Affidavit of Service sworn by Nathalie Hickey was marked as Exhibit 1.
STATUS REQUESTS
Party Status
7The Tribunal was presented with two requests.
- Canadian National Railway Company
Counsel for CN, Mr. Max Reeddijik, informed the Tribunal that CN owns and operates critical railway infrastructure within the City of Richmond Hill. The continuous and uninterrupted functioning of this infrastructure is essential to supporting the local, regional, and provincial economies.
The Proposed Development is located within the area of influence of, and approximately 230 metres from, the CN Bala Subdivision rail line. This line facilitates frequent bulk cargo transfers, including dangerous goods, across the City and the Province. Introducing sensitive land uses near rail corridors can create land use compatibility challenges. Rail operations generate significant emissions, including noise, which may pose risks to public health and safety. To address these concerns, the Federation of Canadian Municipalities and the Railway Association of Canada’s Guidelines for New Development in Proximity to Railway Operations recommend that planning authorities proactively identify and mitigate potential conflicts. Generally, sensitive uses should not be permitted within 300 metres of railway lines without appropriate mitigation measures. CN’s involvement in these appeals is essential to ensure that land use compatibility issues are properly managed and that any required mitigation measures are secured for the Proposed Development.
- Surob Developments Limited
Counsel for Surob Developments Limited (“Surob”), Ms. Jennifer Evola and co-counsel Ms. Signe Leisk (in absentia) , presented to the Tribunal that Surab is the owner of the property located at 449 Major Mackenzie Drive East in the City of Richmond Hill. As a landowner in the area, Surob has a vested interest in the redevelopment of the surrounding lands, including the Norfolk Lands. While Surob generally supports the intensification of the Norfolk Lands, it is seeking party status in the Tribunal proceedings to ensure that any approved development does not negatively impact its property or hinder its future redevelopment potential—particularly with respect to appropriate setbacks and tower separation.
Participant Status
8The Tribunal was presented with the following requests.
- Ronald Birch
- Yin-Che (Sam) Huang
- Michael Theodores
- Zhou Lei (Alan) Fang
- Fengtian (Frank) Xie
- Mary Verikios / Peter and Toula Koromilas
9There were no objections to the requests.
10The Tribunal granted all requests.
11On consent, the Parties agreed that a second Case Management Conference should be scheduled to provide updates to the Tribunal.
12The Tribunal scheduled a second CMC on Thursday, December 11, 2025 at 10 a.m.
13Parties and Participants are asked to log in to the event at least 15 minutes before it begins to test their video and audio connections:
GoTo Meeting: https://global.gotomeeting.com/join/442599157
Access code: 442-599-157
14Parties 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 GoTo Meeting or a web application is available: https://app.gotomeeting.com/home.html
15Persons who experience technical difficulties accessing the GoTo Meeting application or who only wish to listen to the event can connect to it by calling in to an audio-only telephone line: (647) 497-9391 or (Toll Free) 1-888-455-1389. The access code is: 442-599-157.
16Individuals 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 event to ensure that they are properly connected at the correct time. Questions prior to the event may be directed to the Tribunal’s Case Coordinator.
17Additionally, the Tribunal has directed that an updated Issues List be filed by Thursday, November 27, 2025, and a Draft Procedural Order be submitted by Thursday, December 4, 2025.
18Member is not seized
“Carmine Tucci”
CARMINE TUCCI
MEMBER
Ontario Land Tribunal
Website: www.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.