Patrick John Harrington

The Ontario Land Tribunal held a Case Management Conference regarding multiple appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted party status to a non-appellant, set procedural dates for the City's anticipated Motion for Partial Approval, and converted a scheduled 10-day hearing for Phase 1C (Aggregates) into a one-day written hearing following a settlement between the parties.

The Tribunal also directed the City to initiate the mediation assessment process for remaining unapproved policies.

This was the second Case Management Conference regarding appeals of Official Plan Amendment No. 54, which introduces the Trafalgar Secondary Plan for the Town of Milton.

The parties advised the Tribunal of productive settlement discussions and requested a written hearing to consider a motion for partial approval of the Secondary Plan.

The Tribunal scheduled the written hearing for January 19, 2024, and a third Case Management Conference for February 26, 2024, to address further scheduling and procedural matters.

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

At the first Case Management Conference, the Tribunal granted participant status to 15 individuals, noted the parties' interest in Tribunal-led mediation, and scheduled a second Case Management Conference.

The City of Vaughan and Promenade Limited Partnership brought motions for the approval of nine settlements regarding appeals of the City's new Comprehensive Zoning By-law 001-2021 and Transition By-law 039-2022.

The settlements proposed site-specific amendments to recognize previous zoning approvals and facilitate mixed-use, residential, and commercial developments.

Based on uncontested expert land use planning evidence, the Tribunal found that the proposed amendments had regard for matters of provincial interest under section 2 of the Planning Act, were consistent with the Provincial Policy Statement, and conformed to the Growth Plan, the York Region Official Plan, and the Vaughan Official Plan.

The Tribunal allowed the appeals in part and approved the proposed zoning by-law amendments.

The appellant appealed the City of Thorold's refusal of a zoning by-law amendment application to permit a three-storey, 34-unit apartment building on a property currently containing a single detached dwelling.

The Tribunal found that the proposed residential use, increased density, and built form were appropriate and compatible with the existing neighbourhood.

The Tribunal preferred the evidence of the appellant's land use planner, concluding that the proposal was consistent with the Provincial Policy Statement, conformed to the Growth Plan, Regional Official Plan, and local Official Plan, and represented good planning in the public interest.

The appeal was allowed in part to amend the zoning by-laws.

This was the first Case Management Conference regarding an appeal by Southcote Hills Inc. against the City of Hamilton for failing to make a decision on Official Plan and Zoning By-law amendment applications for a proposed 57-unit townhouse development.

The Tribunal granted participant status to two local residents, directed the parties to submit a Draft Procedural Order and Issues List, and scheduled an eight-day video hearing to commence on July 29, 2024.

The applicant appealed the Town of Caledon's failure to adopt a requested Official Plan Amendment to establish a new Secondary Plan for the Macville Community Area.

At the first Case Management Conference, the Tribunal granted party status to Peel Region, Peel District School Board, Toronto and Region Conservation Authority, Acorn Bolton Inc., and Gold Humber Station Inc., and participant status to the Bolton North Hill Landowners Group Inc. The Tribunal also set deadlines for the exchange of issues lists and scheduled a second Case Management Conference for February 2024.

The applicant appealed the City of Hamilton's refusal of an Official Plan Amendment and Zoning By-law Amendment to permit an eight-storey mixed-use development.

The parties reached a settlement prior to the hearing.

Based on uncontested expert planning and urban design evidence, the Tribunal found that the revised proposal represented good planning and was consistent with provincial and municipal policies.

The Tribunal dismissed the OPA appeal as unnecessary due to a recent municipal policy update, and allowed the ZBA appeal in part to implement the settlement.

The applicant appealed to the Ontario Land Tribunal under section 22(7) of the Planning Act due to the municipality's failure to make a decision on an official plan amendment application within the statutory timeframe.

The proposed amendment sought to facilitate a residential development of approximately 1,282 units.

At the first case management conference, the Tribunal granted party and participant status to several requesting entities on consent.

The Tribunal also directed the parties to file a draft procedural order and scheduled a second case management conference.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The City requested a deferral of substantive discussions to allow for the evaluation of recent and pending legislative changes (Bills 23 and 42) to the Planning Act, and to continue settlement discussions with the remaining appellants.

The Tribunal agreed with the proposed strategy and scheduled a further Case Management Conference for February 21, 2024.

Multiple appeals were filed against the municipality's new Comprehensive Zoning By-law and Transition By-law.

The parties reached settlements to resolve one city-wide appeal and three site-specific appeals.

Based on uncontested expert planning evidence, the Tribunal found that the proposed amendments to the by-laws have regard for matters of provincial interest, are consistent with the Provincial Policy Statement, conform to the Growth Plan and applicable Official Plans, and represent good planning.

The Tribunal allowed the appeals in part and amended the zoning by-law accordingly.

The Building Industry and Land Development Association appealed the Region of Peel's Development Charges By-law 77-2020.

The parties reached a settlement proposing amendments to the schedules and the addition of a section regarding credits for infrastructure delivery.

Based on uncontroverted expert evidence, the Tribunal found the proposed amendments to be in accordance with the Development Charges Act and approved the settlement, allowing the appeal in part.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

This was a Case Management Conference regarding appeals by Bronte River Limited Partnership and Eaglewood Communities Inc. against the Town of Oakville's failure to make decisions on applications for Official Plan Amendments, Zoning By-law Amendments, and Draft Plans of Subdivision.

The Tribunal granted participant status to the Trafalgar Township Historical Society and party status to the Regional Municipality of Halton and Conservation Halton.

The Tribunal also ordered that the appeals be heard together in a phased hearing and scheduled future hearing dates.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit the redevelopment of parts of a golf course for residential units.

Following Case Management Conferences, the parties submitted a draft Procedural Order on consent.

The Ontario Land Tribunal issued the Procedural Order, which established the issues list, hearing dates, and procedural deadlines for the upcoming 19-day hearing.

The appellant appealed the City of Hamilton's Parkland Dedication By-law No. 22-218, seeking the removal of the phrase 'fronting onto a public street' regarding the 5% cap on parkland contribution for street townhouse developments.

This decision relates to the first Case Management Conference, where the Tribunal scheduled a two-day video hearing for the single-issue appeal.

The Tribunal held a first Case Management Conference regarding appeals by multiple developers against the City of Kitchener's Parkland Conveyance By-law No. 2022-101.

The Tribunal granted party status to two additional entities on consent.

The City requested the establishment of a Common Interest Class under Rule 8.4, which was opposed by the appellants and denied by the Tribunal as premature.

A second Case Management Conference was scheduled, and parties were directed to exchange their particularized issues for a draft Procedural Order.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals by Oakville Developments (2010) Inc. and others against the Town of Oakville's refusal and failure to adopt requested zoning and official plan amendments.

The Tribunal scheduled a 14-day merit hearing for June 2024 and a fourth Case Management Conference for December 2023.

A Procedural Order and Issues List were approved to govern the conduct of the proceeding.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application to permit an 8-storey apartment building and townhouses.

The core issue was whether there was adequate municipal wastewater servicing capacity for the proposed high-density residential development.

The Tribunal found that the existing sewage system lacked capacity, posing a high risk of basement flooding, and that the applicant's proposed alternative servicing solutions, including a lift station, were not feasible or permitted under the Official Plan.

The Tribunal concluded that the proposed amendment was premature, inconsistent with the Provincial Policy Statement, and did not conform to the applicable Official Plans.

The appeal was dismissed.

The Township brought a motion to dismiss the appellant's appeal of a zoning by-law amendment refusal without a hearing.

The appellant sought to rezone his property to permit short-term rentals.

The Township and an added party argued the appeal had no reasonable prospect of success because the property lacked public road access and the appellant had no agreements to use or maintain the private road traversing Crown and private lands.

The Tribunal found that determining the appeal would require resolving disputes over road status and land ownership, which are outside its jurisdiction.

The appeal was dismissed as premature.