Patrick McDonald

The applicants appealed the City of Hamilton's failure to make a decision on a Zoning By-law Amendment application for a mixed-use development at 393 Rymal Road West.

Following a settlement between the parties, the Tribunal held an uncontested hearing.

Based on uncontested expert land use planning evidence, the Tribunal found the modified amendment was consistent with the Provincial Planning Statement, conformed to the Urban Hamilton Official Plan, and represented good planning.

The appeal was allowed in part and the Zoning By-law was amended accordingly.

The appellants appealed the City of Hamilton's failure to make a decision on a zoning by-law amendment application for a mixed-use development.

At the first Case Management Conference, the Tribunal noted that the parties were participating in a mediation assessment and planned to engage in settlement discussions.

The Tribunal scheduled a second Case Management Conference to allow time for these discussions.

The Tribunal held a second Case Management Conference regarding appeals by the applicant against the City's refusal of a Zoning By-law Amendment and proposed Plan of Subdivision for an 18-lot residential development.

The Tribunal granted Party status to an adjacent industrial operator.

The Tribunal also provided directions to the parties to finalize the Procedural Order and Issues List.

The applicant appealed the City of Hamilton's failure to make a decision on a Site Plan application for a mixed-use student residence development.

Prior to the hearing, the parties reached a settlement agreement.

Based on the uncontradicted expert planning evidence, the Tribunal found that the proposed Site Plan and associated conditions satisfied all legislative tests under the Planning Act, conformed with applicable municipal and provincial policies, and represented good land use planning.

The Tribunal approved the Site Plan in principle, subject to the agreed-upon conditions.