Scott Snider

The applicant appealed a decision of the City of Kitchener Committee of Adjustment refusing minor variances required to construct a four-storey apartment building while retaining existing heritage buildings.

The requested variances included a reduced rear yard setback, increased building height, and reduced parking ratios.

Based on uncontested expert planning evidence, the Tribunal found that the variances met the four-part test under section 45(1) of the Planning Act, being consistent with provincial policies encouraging intensification and transit-oriented development, and maintaining the intent of the Official Plan and Zoning By-law.

The appeal was allowed and the variances were authorized.

The applicants appealed the denial of minor variances and consent applications, as well as objected to a heritage designation by-law concerning their property in the Town of Grimsby.

On consent of all parties, the Ontario Land Tribunal issued a revised Procedural Order to govern the proceedings leading up to a four-day video hearing scheduled to commence on November 14, 2023.

The revised order sets out the updated schedule for the exchange of witness lists, expert reports, and other pre-hearing requirements.

The applicants appealed the denial of minor variances and consent applications, as well as objected to a heritage designation by-law concerning their property.

The Ontario Land Tribunal issued a procedural order setting out the organization of the hearing, requirements before the hearing, and the issues list for the upcoming video hearing.

The Ontario Land Tribunal issued a procedural order to govern the proceedings for appeals concerning a proposed official plan amendment and zoning by-law amendment in the City of Cambridge.

The amendments seek to permit a mixed-use residential and commercial development, including a 10-storey building.

The order sets out the organization of the hearing, requirements before the hearing, the parties and participants, the issues list, and the order of evidence.

A Case Management Conference was held regarding appeals of the City of Burlington's New Official Plan and Official Plan Amendment No. 119.

The City provided a status update on its efforts to bring the Official Plan into conformity with Regional Official Plan Amendments 48 and 49 and Provincial Bill 23.

The Tribunal scheduled a further CMC for November 2023, dispensed with the existing Phasing Plan, and cancelled the Phase 1B Natural Heritage hearing to allow parties to focus on settlements and uncontested portions of the Official Plan.

The appellants appealed a Notice of Intention to Designate their property under the Ontario Heritage Act, as well as the refusal of consent and minor variance applications under the Planning Act.

At a Case Management Conference, the parties requested that the heritage and planning appeals be consolidated.

The Ontario Land Tribunal found consolidation appropriate for a fair and efficient hearing, ordered the appeals consolidated, and scheduled a four-day video hearing.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment and Zoning By-law Amendment to permit a 26-storey mixed-use building.

The City argued for a maximum height of 17 storeys and a larger tower setback based on its unapproved 2020 Official Plan.

The Tribunal allowed the appeals in part, approving the 26-storey development.

The Tribunal found the proposal consistent with the Provincial Policy Statement and Growth Plan, noting it optimizes land use in an Urban Growth Centre, provides needed housing, and is compatible with the surrounding area without causing adverse impacts.

The Ontario Land Tribunal held a third Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment for properties in the City of Cambridge.

The Tribunal directed the parties to finalize the Procedural Order and Issues List, and scheduled a 25-day video hearing to commence in March 2024.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of conditions of draft plan approval for two subdivisions in the Township of Adjala-Tosorontio.

The Tribunal approved the Draft Procedural Order on consent of the parties and scheduled a ten-day merit hearing to commence in May 2024.

The appellant appealed the Town of Milton's adoption of an Official Plan Amendment and a Zoning By-law Amendment that permitted a mixed-use development.

The parties reached a settlement and presented revised instruments to the Tribunal.

Based on uncontroverted expert planning evidence, the Tribunal found the revised development consistent with provincial policies and local official plans.

The Tribunal allowed the zoning appeal in part to implement the settlement and confirmed the withdrawal of the official plan appeal, bringing it into effect.

The appellant appealed the Town's failure to make a decision on an application to amend the Official Plan to redesignate lands from 'Restricted Agricultural Area' to 'Residential'.

Prior to the hearing, the parties reached a settlement.

Based on the uncontroverted expert planning evidence, the Tribunal found that the proposed amendment is consistent with the Provincial Policy Statement, conforms to the County Official Plan, and maintains the intent of the Town Official Plan, provided development occurs on full municipal services.

The Tribunal allowed the appeal in part and approved the Official Plan Amendment as modified by the settlement.

The applicant appealed the municipality's failure to make a decision on a zoning by-law amendment application to permit an 8-storey apartment building and townhouses.

The core issue was whether there was adequate municipal wastewater servicing capacity for the proposed high-density residential development.

The Tribunal found that the existing sewage system lacked capacity, posing a high risk of basement flooding, and that the applicant's proposed alternative servicing solutions, including a lift station, were not feasible or permitted under the Official Plan.

The Tribunal concluded that the proposed amendment was premature, inconsistent with the Provincial Policy Statement, and did not conform to the applicable Official Plans.

The appeal was dismissed.

At a second Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment for a proposed mixed-use development, the Tribunal noted that the parties had not made significant progress in scoping the Issues List as previously ordered.

The Tribunal scheduled a third Case Management Conference to allow the parties additional time to refine the Issues List and ordered that a revised draft Procedural Order be provided in advance.

The appellant appealed the Niagara Escarpment Commission's decision to conditionally approve a development permit for a new single dwelling.

The appellant failed to attend the Case Management Conference and did not provide any planning justification for the appeal.

The Hearing Office dismissed the appeal pursuant to s. 25(8.1) of the Niagara Escarpment Planning and Development Act, confirming the Commission's decision.

The Ontario Land Tribunal held a second Case Management Conference regarding multiple appeals of the City of Brampton's adoption of Official Plan Amendment 206-210 (Heritage Heights Secondary Plan).

The parties agreed to collaborate on policy wording and continue drafting the Procedural Order and Issues List, with a focus on resolving issues related to the GTA West Corridor.

The Tribunal scheduled a third Case Management Conference for July 6, 2023, and directed the parties to submit a revised draft Procedural Order by June 22, 2023.

The Ontario Land Tribunal held a first Case Management Conference regarding seven appeals filed against Official Plan Amendment No. 54 to the Town of Milton Official Plan, which introduces the Trafalgar Secondary Plan.

The parties requested additional time to finalize the Issues List and explore potential settlements.

The Tribunal ordered the submission of an updated draft Procedural Order and finalized Issues List, scheduled a second Case Management Conference for September 26, 2023, and set a 10-week hearing on the merits commencing May 6, 2024.

This was the first Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment to permit a mixed-use residential and commercial development in the City of Cambridge.

The Tribunal granted participant status to a local resident and party status to the applicant and municipalities on the respective files.

The Tribunal also ordered the consolidation of the appeals and scheduled a second Case Management Conference to allow the parties to refine the issues list.

The Ontario Land Tribunal held a first Case Management Conference regarding appeals of a Zoning By-law Amendment and an Official Plan Amendment to permit a mixed-use development in the City of Cambridge.

The Tribunal granted participant status to a local resident and party status to the applicant, the City, and the Region on the respective files.

The Tribunal consolidated the appeals and directed the parties to refine their issues list before scheduling a hearing on the merits.

A second Case Management Conference was scheduled.

At a Case Management Conference for appeals regarding consent and minor variance applications, the Tribunal granted participant status to a neighbouring property owner.

The Tribunal also conditionally consolidated the current appeals with an anticipated appeal of a Notice of Intention to Designate the subject property under the Ontario Heritage Act, finding that consolidation would allow for efficient hearing of overlapping evidence.

A four-day merit hearing was scheduled.

The Tribunal convened a Case Management Conference regarding an appeal by the applicant against the municipality's failure to make a decision on an Official Plan Amendment application within the prescribed timeframe.

The amendment sought to redesignate lands from Restricted Agricultural Area to Residential.

The parties indicated they were close to a settlement and requested a further CMC.

The Tribunal scheduled a second CMC and granted participant status to abutting neighbours.