Toronto Local Appeal Body
40 Orchard View Blvd, Suite 253
Toronto, Ontario M4R 1B9
Date:
2023-10-05
23 147076 S53 05 TLAB,
23 147077 S45 05 TLAB,
23 147079 S45 05 TLAB
Stojanovic (Re), 2023 ONTLAB 142
INTERIM DECISION AND ORDER
Issuance Date:
October 5, 2023
PROCEEDING COMMENCED UNDER Section 53, subsection 53(19), Section 45(12), subsection 45(1) of the Planning Act, R.S.O. 1990, c. P.13, as amended (the "Act")
Appellant(s):
S. STOJANOVIC
Applicant(s):
S. STOJANOVIC
Property Address:
29 De Marco Blvd
COA File No.:
22 142127 WET 05 CO (B0026/22EYK)
22 142136 WET 05 MV (A0281/22EYK)
22 142144 WET 05 MV (A0282/22EYK)
TLAB Case File No.:
23 147076 S53 05 TLAB,
23 147077 S45 05 TLAB,
23 147079 S45 05 TLAB
Hearing Date(s):
September 12 & 28, 2023, October 2, 2023
Decision Delivered By:
TLAB Panel Member S. Makuch
REGISTERED PARTIES AND PARTICIPANTS:
People Type
First Initial. Last Name
Representative
Applicant
S. Stojanovic
Appellant
S. Stojanovic
A. Stewart
Party (TLAB)
City of Toronto
J. Dexter
Party (TLAB)
A. M. Da Eira
Party (TLAB)
S. Nunez
Party (TLAB)
D. Al-Janaby
INTRODUCTION AND CONTEXT
1At the conclusion of the evidence respecting this matter an issue was raised by the local residents in opposition regarding the destruction of trees, both City owned and privately owned. There had been no witness statements presented by them and thus the applicant was unaware of this issue. The City was also unaware of the issue.
THE LEGISLATIVE AND POLICY FRAMEWORK
2Tree protection is a matter dealt with in the Official Plan and could be relevant to the approval of the application as it relates the accuracy of the proposed site plan at the time of its preparation; and whether there has been any abuse of process.
SUMMARY OF EVIDENCE
3Photographs submitted demonstrated that trees which appeared to be healthy and on site when the application was made were not shown on the site plan and may have been destroyed without proper approval.
ISSUES AND ANALYSIS
4The residents argue that the application was improper because the trees were destroyed in order to facilitate approval of the application. The applicant’s position was that tree destruction was irrelevant to the approval of the application.
CONCLUSION
5In order to ensure this matter is dealt with as thoroughly and fairly as possible and to ascertain how the City’s Urban Forestry Department dealt with the trees, this hearing should be adjourned to October 18, 2023, at 9:30 a.m. The parties in opposition to the application shall file with TLAB and serve on the applicant all material and witness statements it proposes to use at the hearing on or before October 10, 2023. The applicant shall file with TLAB and serve on opposing parties and participants, all material and witness statements it proposes to use at the hearing, on or before October 16, 2023.
DECISION AND ORDER
6This matter is adjourned until October 18, 2023, subject the requirements set out above.
S. Makuch
Panel Member