Hamilton Area Rooms Association v. Hamilton (City), 2025 CanLII 99222

Ontario Municipal Board

Commission des affaires municipales de l’Ontario

ISSUE DATE: September 24, 2025

CASE NOS.: OLT-21-001266

PROCEEDING COMMENCED UNDER subsection 41(12) of the Planning Act, R.S.O. 1990, c. P.13, as amended

Applicant and Appellant: Hamilton Area Rooms Association

Subject: Site Plan

Property Address/Description: 11 Parkside Drive Municipality: City of Hamilton

Municipal File No.: DA-19-106

OLT Case No.: OLT-21-001266

OLT File No.: OLT-21-001266

OLT Case Name: Hamilton Area Rooms Association v. Hamilton (City)

BEFORE:

S. BRAUN

Wednesday, the 24^th day of

VICE CHAIR

September, 2025

THIS MATTER involving an appeal filed by Hamilton Area Rooms Association (“Appellant”) under subsection 41(12) of the Planning Act, R.S.O. 1990, c. p. 13, as amended (“Act”), against the failure of the City of Hamilton (“City”) to make a decision on a Site Plan application in relation to a proposal to develop of a place of worship (“Proposed Development”) at 11 Parkside Drive (“Subject Property”);

AND THE MATTER having come before the Tribunal for a public hearing on June 1, 2022;

AND THE TRIBUNAL having issued a Decision on June 7, 2022, approving a site plan, subject to the fulfillment of conditions (“Previously Approved SP & C”) for the Subject Property;

AND THE TRIBUNAL having specified in the Order of the aforementioned Decision that it may be spoken to should any matter arise respecting the fulfillment of the conditions or the implementation of said Order;

AND THE TRIBUNAL having been advised that the Appellant requires minor amendments to the Previously Approved SP & C, which do not modify the principle of the Proposed Development;

AND THE TRIBUNAL having been further advised that the Appellant and the City have reached a settlement on the minor amendments to the Previously Approved SP & C;

AND THE TRIBUNAL having been asked by the Parties to consider a Revised Site Plan and Conditions (“Revised SP & C”);

AND THE TRIBUNAL having reviewed materials filed in support of the request, including the sworn affidavit evidence of Jeff Kenny, Registered Professional Planner, whom the Tribunal qualifies to provide opinion evidence in this matter;

AND THE TRIBUNAL having accepted the uncontradicted opinion evidence of Mr. Kenny on the Revised SP & C, the reasons for the requested amendments, and the effects of same;

AND THE TRIBUNAL having been satisfied based upon the updated opinion evidence of Mr. Kenny, which specifically addresses the Provincial Planning Statement, 2024, that the Revised SP & C are consistent therewith, including but not limited to, policies which speak to: building upon rural character, leveraging rural amenities and assets and efficiently using rural infrastructure to contribute to healthy, integrated and viable rural areas; locating sensitive land uses so as to avoid adverse impacts caused by non-sensitive uses; and minimizing/mitigating risks to public health and safety while promoting water and energy conservation through appropriate planning for sewage and water and stormwater services;

AND THE TRIBUNAL having been further satisfied that the Revised SP & C continue to demonstrate appropriate regard for matters of provincial interest in s. 2 of the Act, conformity with the City of Hamilton Rural Official Plan and compliance with City of Hamilton Zoning By-law No. 05-200;

AND THE TRIBUNAL having also been satisfied that the Revised SP & C adequately address matters in ss. 41(4) and 41(7) of the Act and includes conditions which are reasonable, relevant and necessary having regard to the nature of the Proposed Development on the Subject Property;

NOW THEREFORE THE TRIBUNAL ORDERS THAT:

1. The final form of the Site Plan respecting the lands located at 11 Parkside Drive in the City of Hamilton as prepared by A+Link Architecture Inc. dated July 7, 2025 set out in Attachment 1 is approved, subject to the fulfillment of the Conditions set out in Attachment 2, to the satisfaction of the City of Hamilton.

2. The Attachments included in this Order shall form part of this Order.

3. The Tribunal may be spoken to should any further matter arise respecting the fulfillment of the conditions and/or the implementation of this Order.

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

Attachment 2