P. Pickfield

The Ontario Land Tribunal held a Case Management Conference regarding appeals of the City of Guelph's new Comprehensive Zoning By-law and related Official Plan Amendment No. 88.

The Tribunal approved a partial settlement between the City and the Guelph & District Home Builders’ Association, finding it represented good land use planning and was consistent with provincial policies.

The Tribunal also established a Procedural Order and scheduled a three-week merits hearing for the remaining appeals.

The appellant appealed the County's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 495-unit residential development.

The parties reached a settlement prior to the hearing.

Based on the uncontroverted expert planning evidence, the Tribunal found the proposed planning instruments had regard for provincial interests, were consistent with the Provincial Policy Statement, and conformed to the applicable official plans.

The Tribunal approved the amendments and the draft plan of subdivision subject to conditions.

The Ontario Land Tribunal issued an amending decision to correct a typographical error in its previous decision dated January 22, 2024.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the appearances list was revised to correctly identify counsel for Magna International Inc. and Magna Structural Systems Inc. In all other respects, the original decision remains unchanged.

The applicant sought approval of revisions to a Draft Plan of Subdivision and Draft Plan Conditions, and the issuance of a final order for an Official Plan Amendment and Zoning By-law Amendment, following a 2014 Ontario Municipal Board decision.

The Tribunal accepted uncontested expert planning evidence that the revisions, which removed phasing requirements due to secured servicing allocation and addressed municipal and conservation authority comments, represented good planning.

The Tribunal approved the revised Draft Plan of Subdivision and Conditions and issued the final order.

The Ontario Land Tribunal held a third Case Management Conference regarding multiple appeals of the City of Guelph's adoption of Official Plan Amendment No. 79, which introduces the Clair-Maltby Secondary Plan.

The parties requested a revised procedural order with a staggered schedule for document exchange to allow more time for ongoing settlement discussions.

The Tribunal approved the revised procedural order, finding that the staggered approach would not prejudice any party and would provide flexibility for continued settlement efforts.

A fourth Case Management Conference was scheduled for December 5, 2023.

The Ontario Land Tribunal issued an amending decision to correct a technical error in its March 14, 2023 decision.

Pursuant to Rule 24.4 of the Tribunal's Rules of Practice and Procedure, the list of appearances was amended to add S. Kaufman as counsel for three of the parties.

In all other respects, the original decision remains unchanged.

A Case Management Conference was held regarding appeals of the City of Guelph's Official Plan Amendment No. 79 (Clair-Maltby Secondary Plan).

The Tribunal granted Party Status on consent to the Foundation for the Support of International Medical Training Inc. The parties submitted a draft Procedural Order and Issues List, noting that 13 issues remained outstanding pending upcoming Tribunal-assisted mediation.

The Tribunal approved the revised Procedural Order and scheduled a further Case Management Conference for September 2023.

The Tribunal issued an amending decision under Rule 24.4 of its Rules of Practice and Procedure to correct a typographical error in a previous decision.

The amendment corrected the hearing start date, confirming that the hearing would commence on February 6, 2023, and approved the revised Procedural Order.

The Ontario Land Tribunal heard motions regarding appeals of the Rural Hamilton Official Plan and Urban Hamilton Official Plan.

Sheltering parties Castandgrey and Country sought to refuse the appellants' partial withdrawal of appeals, arguing the entire Elfrida Area should remain under consideration for urban expansion.

The Tribunal allowed the motions in part, ruling that while it would not refuse the scoping of issues, the full Elfrida Area potential urban boundary remains under appeal and the Ministry's modifications for non-appellant lands are not in force.

A separate motion by LIV Developments Ltd. for party status was denied as it did not advance the public interest and would result in a multiplicity of proceedings.

The appellant appealed the Township's refusal of a zoning by-law amendment application to remove a holding provision and permit an access dock in a Type 1 Fish Habitat zone to facilitate cottage development on a water-access island property.

The Tribunal dismissed the appeal, finding that the appellant failed to demonstrate that the proposed dock and associated boating activity would have no negative impact on the highly sensitive aquatic vegetation and potential species at risk habitat.

The Tribunal rejected the appellant's argument that detailed environmental impact studies could be deferred to the site plan approval stage, holding that such studies are required at the zoning stage to establish the feasibility of the development.

The Tribunal held a Case Management Conference regarding an appeal of a zoning by-law in the City of Guelph.

Participant status was granted to an adjacent property owner, and Delhi Eramosa Neighbourhood Advocates Inc. was permitted to replace the original appellant.

A 7-day video hearing was scheduled, and a Procedural Order was issued to govern the proceedings.

The Ontario Land Tribunal held case management conferences regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment for a property in the City of Guelph.

The parties informed the Tribunal that a proposed settlement between the applicant and the City was not agreed to by the other appellants.

The Tribunal reviewed and approved a draft Procedural Order and Issues List for the upcoming hearing, which was scheduled for April 2023.

The applicant appealed the County of Norfolk's refusal of a site-specific Zoning By-law Amendment to permit 36 stacked townhouses.

Following Tribunal-led mediation, the parties reached a settlement to allow 12 stacked townhouse units along with heritage and landscape protections.

Based on uncontested land use planning evidence, the Tribunal found the settlement proposal represented good planning, conformed to the Official Plan, and had due regard for matters of Provincial Interest.

The appeal was allowed in part and the revised Zoning By-law Amendment was approved.

At a Case Management Conference regarding appeals of the City of Guelph's refusal of an Official Plan Amendment and passage of a Zoning By-law Amendment, the Tribunal was informed of a proposed settlement between the applicant and the City.

The Tribunal scheduled a further CMC to allow other parties to review the settlement and granted participant status to nine individuals who raised concerns about height, traffic, greenspace, parking, and compatibility.