Paul M. DeMelo

The appellants appealed the Region of Niagara's decision to approve, with modifications, the City of Niagara Falls Official Plan Amendment No. 147 (OPA 147), which addresses the conversion of Employment Lands.

At a Case Management Conference, the Tribunal considered and granted several requests for party and participant status.

The Tribunal directed the parties to collaborate on a draft Procedural Order and Issues List, and scheduled a second Case Management Conference to coincide with a related zoning by-law appeal.

This was the first Case Management Conference for two appeals regarding an Official Plan Amendment and a Zoning By-law Amendment to permit a 28-storey apartment building in Richmond Hill.

The Tribunal denied a request for Party Status but granted Participant Status to several individuals.

The Tribunal scheduled a seven-day hearing for both appeals to be heard together and directed the parties to submit a Draft Procedural Order and Issues List.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by DRC (Markham) Inc. against the City of Markham's failure to make a decision on Official Plan and Zoning By-law Amendment applications.

The applications propose a mixed-use development with two 40-storey towers and nine townhouse units.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties and scheduled a seven-day merit hearing to commence on November 21, 2024.

The Ontario Land Tribunal held a fourth Case Management Conference concerning appeals by Picton Heights Ltd. regarding the County of Prince Edward's failure to make a decision on applications for a zoning by-law amendment and a draft plan of subdivision for a 560-unit residential community.

The parties submitted a joint draft Procedural Order and Issues List.

The Tribunal approved the Procedural Order and Issues List to govern the upcoming merit hearing scheduled for April 3, 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding appeals by the applicant against the municipality's failure to decide on concurrent applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Application for a 12-storey mixed-use building.

The parties reported ongoing settlement discussions.

The Tribunal granted participant status to three individuals and scheduled a third Case Management Conference and a four-day merit hearing.

The County of Grey brought a motion seeking a determination that an amendment to the County Official Plan was required to permit a 37-unit residential farm cooperative proposed by Thornbury Acres Holdings Inc. The County and the Town of Blue Mountain argued that the proposed development, which would operate as a vacant land condominium, was not a bona fide cooperative under the Co-operative Corporations Act.

The Tribunal dismissed the motion, finding that the Official Plan did not require a residential farm cooperative to be constituted under the Co-operative Corporations Act, which regulates governance rather than land use.

At a Case Management Conference regarding appeals from the Town of The Blue Mountains' failure to approve planning applications for a 37-unit residential farm co-operative, the Ontario Land Tribunal granted participant status to a neighbouring resident on consent.

The Tribunal also scheduled a one-day motion for the County of Grey to determine if a County Official Plan amendment is required, and set a two-week merit hearing.

A Procedural Order was approved and appended to the decision.

The appellant appealed the Town of Niagara-on-the-Lake Committee of Adjustment's denial of a minor variance application to increase lot coverage from 33% to 40% for a new single-detached dwelling.

The Town Council subsequently supported the variance and did not call witnesses.

Relying on uncontested expert planning evidence, the Tribunal found that the variance met the four tests under section 45(1) of the Planning Act, having regard to provincial interests and maintaining the intent of the Official Plan and Zoning By-law.

The appeal was allowed and the variance authorized.

The applicants appealed the City of Markham's failure to make a decision on applications for a zoning by-law amendment and site plan approval to facilitate a high-rise mixed-use development.

The Tribunal held a Case Management Conference to organize the hearing.

A 10-day video hearing was scheduled, and a Procedural Order with an Issues List was finalized and appended to the decision.

The Ontario Land Tribunal issued a procedural order governing the procedures leading up to an eight-day hearing scheduled for April 2, 2024.

The hearing concerns appeals by the applicant regarding the municipality's failure to make a decision on proposed official plan and zoning by-law amendments, as well as a site plan application.

The Tribunal held a third Case Management Conference regarding appeals by the applicant for a zoning by-law amendment and draft plan of subdivision.

Following a settlement on the zoning appeal, the parties requested an adjournment of the merit hearing for the draft plan appeal to continue technical work.

The Tribunal scheduled a fourth Case Management Conference and a three-day merit hearing.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by the applicant against the municipality's failure to make a decision on Official Plan and Zoning By-law Amendment applications for a mixed-use development.

The Tribunal granted party status to an abutting landowner and participant status to another individual.

A further Case Management Conference was scheduled to allow the parties to review the file and potentially open discussions.

The applicant appealed the municipality's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to facilitate a residential development.

The parties reached a settlement that included the removal of a contested woodlot, supported by uncontroverted expert ecological and planning evidence indicating the woodlot was in poor health and its removal would not negatively impact the broader natural heritage system.

The Tribunal approved the settlement, finding the proposal consistent with provincial policy, representative of good planning, and in the public interest.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals from the Town of The Blue Mountains' failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Plan of Subdivision for a proposed 37-unit residential farm co-operative.

The Tribunal granted participant status to three individuals and scheduled a second Case Management Conference to finalize the Issues List and Draft Procedural Order.

A case management conference was held regarding appeals of the Municipality of Chatham-Kent's Development Charges By-law No. 148-2022.

The Tribunal granted participant status to Kevin Owen, representing all participants.

The parties reported positive discussions to narrow the issues.

The Tribunal extended the deadline for submitting a draft Procedural Order and scheduled a seven-day video hearing for May 2024.

The Tribunal convened a Case Management Conference regarding an appeal against the Regional Municipality of Waterloo's failure to make a decision on a development charges complaint.

The parties requested the scheduling of a five-day merits hearing and submitted a draft Procedural Order.

The Tribunal approved the Procedural Order and scheduled the merits hearing.

The Applicant appealed the Town of Fort Erie's refusal of a Zoning By-law Amendment to permit an eight-unit residential development.

At the first Case Management Conference, the Town requested an adjournment because its legal counsel had recently resigned.

The Tribunal directed the conference to proceed with the Town's Director of Planning acting as representative to ensure procedural fairness and an expeditious resolution.

The Tribunal granted party status to an adjacent property owner and participant status to five others, and scheduled a five-day merit hearing.

The applicant appealed the City of Mississauga's failure to make a decision on an Official Plan Amendment application to replace a planned local road with a pedestrian mews for a proposed mixed-use development.

The parties reached a settlement prior to the hearing.

Based on uncontroverted expert planning evidence, the Tribunal found the proposed amendment was consistent with provincial policies, conformed to regional and municipal plans, and represented good land use planning.

The appeal was allowed in part to implement the settlement.

The appellant appealed the County's failure to make a decision on applications for a Zoning By-Law Amendment and a draft Plan of Subdivision to permit a 560-unit residential community.

The parties reached a settlement regarding the Zoning By-Law Amendment.

Following an uncontested settlement hearing, the Tribunal allowed the appeal in part, approving the Zoning By-Law Amendment based on expert planning evidence that it was consistent with the Provincial Policy Statement and conformed to the Official Plan.

A Procedural Order and Issues List were approved for the remaining draft Plan of Subdivision appeal, which was scheduled for a future hearing.

A first Case Management Conference was held regarding appeals for a Zoning By-law Amendment, Official Plan Amendment, and Site Plan Application to facilitate a 97-unit residential development with commercial space in East Gwillimbury.

The Tribunal denied a party status request due to the requester's failure to serve the parties or attend the hearing.

Participant status was granted to two individuals.

The parties agreed to finalize a Procedural Order and Issues List by October 6, 2023.