Patrick Mahoney

The appellant appealed the City of Welland's refusal to adopt requested Official Plan and Zoning By-law amendments to permit a mixed-use apartment and street townhouse development.

The parties reached a settlement involving a revised proposal for a seven-storey mixed-use building and 25 townhouses.

Relying on uncontested expert planning evidence, the Tribunal found the settlement proposal consistent with provincial policies and local planning documents.

The appeals were allowed and the amendments approved.

The Tribunal convened a Case Management Conference regarding appeals by the applicant against the municipality's refusal of Official Plan and Zoning By-law Amendment applications for a proposed townhouse and mixed-use apartment development.

The Tribunal approved the draft Procedural Order and scheduled a three-day Merit Hearing to commence on January 13, 2025.

The applicant, having been successful in its appeal regarding a minor variance application, brought a motion for costs against the City and a self-represented party.

The applicant argued that the City was responsible for the Committee of Adjustment's delay, advanced a weak case, and caused delays through late filings.

The Tribunal dismissed the motion, finding no evidence of unreasonable, frivolous, vexatious, or bad faith conduct by either responding party.