Russell D. Cheeseman

The Ontario Land Tribunal held a fifth Case Management Conference regarding appeals by the applicant against the City of Hamilton for failing to make decisions on Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision applications.

The applications seek to permit a 630-unit residential development.

The Tribunal approved the draft Procedural Order and Issues List submitted by the parties to govern the upcoming 12-day merit hearing.

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 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 Town of Gravenhurst's passage of a site-specific zoning by-law amendment that permitted the redevelopment of an abutting boathouse.

The amendment allowed for an increased lot coverage and a reduced front yard setback to facilitate the construction of an at-grade deck.

The appellant argued the amendment would facilitate an illegal roof-top patio use and lacked necessary municipal servicing.

The Tribunal dismissed the appeal, finding that the at-grade deck did not constitute a new use requiring municipal services, and that the amendment was consistent with the Provincial Policy Statement and conformed to the applicable Official Plans.

The Ontario Land Tribunal held a Case Management Conference regarding an appeal of the Town of Huntsville's decision on a Community Planning Permit application.

The applicant sought to construct a boat launch and recognize existing structures.

The Tribunal ruled that the appeal could not be split and must proceed as a trial de novo for the entire application.

The Tribunal also addressed status requests, denying party status but granting participant status to the Fox Lake Association and two individuals.

A two-day video hearing was scheduled and a Procedural Order was issued.

The Appellants brought a motion seeking a declaration that their appeal of a Zoning By-law Amendment passed by the Township of Seguin was valid.

The Appellants argued they did not receive notice of the public meeting and therefore could not make submissions, requesting the Tribunal use its discretion to allow the appeal.

The Tribunal dismissed the motion, finding that subsection 34(19) of the Planning Act strictly limits appeal rights to those who made oral or written submissions before the by-law was passed, and the Tribunal has no discretion to override this statutory requirement.

The applicant appealed the refusal of a consent application to sever a property in a prime agricultural area to create a separate lot for an existing kennel, leaving the existing dwelling on the retained lot.

The Tribunal found that the proposed lot creation was not for agricultural uses but solely to facilitate the transfer of the kennel independent of the residential dwelling.

The Tribunal held that the application would fragment prime agricultural lands, was not consistent with the Provincial Policy Statement, and did not conform to the Growth Plan, Greenbelt Plan, Parkway Belt West Plan, or the applicable official plans.

The appeal was dismissed.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by Phelps Homes Ltd. and JTG Holdings Ltd. against the Township of West Lincoln's adoption of Official Plan Amendment No. 63.

The Tribunal granted party status to several landowners and participant status to a local citizens group member.

The parties agreed to participate in Tribunal-led mediation.

The Tribunal approved the Procedural Order and scheduled a 19-day merit hearing to commence in June 2024, along with a second Case Management Conference in February 2024.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal by the Canadian National Railway Company against the City of Hamilton's approval of an Official Plan Amendment and Zoning By-law Amendment for a 447-unit residential development.

The parties agreed to continue with Tribunal-led mediation.

The Tribunal scheduled a third Case Management Conference for December 19, 2023, to finalize the Procedural Order and Issues List, and a nine-day hearing of the merits commencing on May 21, 2024.

The appellant appealed the conditions of draft plan of subdivision and condominium approvals for a residential development.

At the first Case Management Conference, the parties advised that they were engaging in settlement discussions and a Tribunal-facilitated mediation assessment to resolve remaining technical issues.

The Tribunal scheduled a second Case Management Conference to consider the status of the settlement discussions and potentially convert it to a settlement hearing.

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 applicant appealed the Town of Lincoln's refusal of a Zoning By-law Amendment application to permit a 453-unit residential development consisting of 20 and 23-storey towers.

The parties reached a settlement prior to the hearing.

Based on the uncontested expert planning evidence, the Tribunal found that the proposed development represented good land use planning, was consistent with the Provincial Policy Statement, and conformed to the applicable Growth Plan and Official Plans.

The Tribunal allowed the appeal and amended the Zoning By-law in accordance with the settlement.

The appellants appealed the Committee of Adjustment's denial of a minor variance to permit a hemp processing facility on a property zoned Specialty Crop.

The Tribunal allowed the appeal, finding that the proposed agriculture-related use is consistent with provincial and regional policies and meets the four tests under the Planning Act.

The Tribunal preferred the evidence of the appellants' planner and the Town's Director of Planning, who was summoned by the appellants, over the Town's retained expert.

The Tribunal concluded that site plan control would adequately address any operational concerns.

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 Tribunal held a first Case Management Conference regarding an appeal by the Canadian National Railway Company against the City of Hamilton's approval of an Official Plan Amendment and Zoning By-law Amendment for a 447-unit residential development.

The Tribunal granted party status to City Housing Hamilton Corporation on consent.

A second Case Management Conference was scheduled to finalize the Procedural Order and Issues List, and the parties indicated they were exploring Tribunal-led mediation.

The applicant requested a review of a TLAB decision that dismissed an appeal regarding applications for consent to sever and associated minor variances.

The applicant argued the presiding Member made errors of law and fact by preferring the non-expert evidence of a lay witness over that of a qualified land use planner regarding the delineation of the geographic neighbourhood and the assessment of Floor Space Index.

The TLAB Chair dismissed the review request, finding that the presiding Member properly exercised his discretion in weighing the evidence and that no compelling reasons were provided to demonstrate an error of law or fact that would have resulted in a different decision.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals by LIV Developments Ltd. against the City of Hamilton's failure to make decisions on Official Plan and Zoning By-law Amendment applications for a proposed 234-unit residential development.

The applicant requested consolidation of an existing Site Plan appeal with the current appeals.

The City opposed, suggesting the Site Plan appeal could be dismissed under s. 19.1 of the Ontario Land Tribunal Act.

The Tribunal found no grounds for dismissal and granted the consolidation to avoid a multiplicity of hearings.

A procedural order was directed and an eight-day merit hearing was scheduled.

The Tribunal convened a Case Management Conference for an appeal of a Committee of Adjustment decision denying a minor variance to permit a hemp processing facility.

The Tribunal granted participant status to several individuals on consent of the parties.

A three-day merit hearing was scheduled, and procedural directions were issued for the exchange of witness lists, statements, and a joint document book.

The applicant appealed the City of Hamilton's failure to make decisions on applications for an Official Plan Amendment, Zoning By-law Amendment, and Draft Plan of Subdivision to permit a 630-unit residential development.

At the third Case Management Conference, the parties advised that a new understanding of a set-back line necessitated a revised development plan.

The Tribunal scheduled a fourth Case Management Conference to allow the parties to consider the new plan and engage in Tribunal-led mediation.

The appellant appealed a Committee of Adjustment decision refusing a minor variance to permit zero on-site parking spaces for 12 new residential units in an existing building.

The Toronto Local Appeal Body allowed the appeal, finding that the variance satisfied the four tests under the Planning Act.

The tribunal relied on expert transportation evidence demonstrating sufficient available street parking in the neighbourhood and imposed conditions requiring the applicant to notify tenants of the lack of parking and provide pre-loaded transit cards.