Scott Snider

The Appellant appealed the City of Burlington's failure to make decisions on applications for official plan and zoning by-law amendments to permit a 27-storey mixed-use building.

The Tribunal found that the proposed development conforms with the City's 2008 Official Plan, the Growth Plan, and the Provincial Policy Statement.

The Tribunal held that the proposed height, massing, and urban design were appropriate for the downtown context and provided adequate transition.

The Tribunal also found the proposed parking supply and shadow impacts to be acceptable.

The appeal was allowed in principle, subject to conditions including a holding symbol related to environmental site remediation.

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 54-unit residential development.

The Tribunal allowed the appeals, finding that the proposed development represents appropriate residential intensification, optimizes the use of land and infrastructure, and is compatible with the surrounding neighbourhood.

The Tribunal accepted the uncontested expert planning evidence that the proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and satisfies the criteria under section 51(24) of the Planning Act.

At a Case Management Conference regarding appeals of an Official Plan Amendment and Zoning By-law Amendment to facilitate a high-rise residential development, the Tribunal addressed the draft Procedural Order, mediation opportunities, and the Issues List.

The Tribunal excluded three disputed issues relating to consistency and conformity with provincial plans from the Issues List because they were not raised in the appellant's notice of appeal.

An eight-day video hearing was scheduled.

This was a Case Management Conference regarding appeals of the City of Burlington's new Official Plan, Official Plan Amendment 119, and Zoning By-law Amendment No. 2020-418.

The Tribunal approved a Master Procedural Order setting out a phased hearing plan and approved the Procedural Order for the Phase 1A hearing on agriculture issues, scheduling it for April 2023.

The applicant sought a minor variance and permission to expand a legal non-conforming second-floor balcony at a residential property.

The City of Burlington initially refused the application but subsequently reached a settlement with the applicant.

The Ontario Land Tribunal accepted uncontested expert planning evidence that the proposal met the tests under section 45(1) of the Planning Act and represented good planning.

The Tribunal allowed the appeal and authorized the variance subject to a condition requiring the maintenance of a vegetative buffer.

The appellant appealed the Town's failure to make a decision on a zoning by-law amendment application to permit a residential development.

At a Case Management Conference, the parties sought to schedule a hearing.

The Town requested an adjournment sine die pending a Superior Court of Justice decision on a Municipal Conflict of Interest Act application, which affected the Town's ability to provide instructions.

The Tribunal declined to adjourn sine die but scheduled tentative hearing dates for October 2022, allowing the Town to request an adjournment without a formal motion if the pending court decision necessitated it.

The Town of Lakeshore brought a motion seeking an adjournment of a zoning by-law amendment appeal hearing.

The Town argued that a misfeasance claim brought by the appellant against Town Council members created a conflict of interest under the Municipal Conflict of Interest Act, preventing Council from providing instructions to counsel.

The Town had applied to the Superior Court for a declaration under s. 7(2) of the Act to allow Council to proceed.

The Tribunal found that proceeding with the hearing before the Court ruled on the conflict issue could result in inconsistent decisions and force Council members to potentially contravene the Act.

The Tribunal granted the adjournment and scheduled a Case Management Conference.

The Tribunal held a Case Management Conference regarding multiple appeals of the Rural Hamilton Official Plan and the Urban Hamilton Official Plan.

The parties provided an update, noting that the City of Hamilton Council recently decided against an urban boundary expansion.

The Tribunal scheduled dates for a motion to dismiss, requests for party/participant status, a further Case Management Conference, and an eleven-week hearing commencing in January 2023.

A Procedural Order and Issues List were also approved.

The applicant appealed the City of Burlington's failure to make a decision on applications for an Official Plan Amendment, Zoning By-law Amendment, and Site Plan Approval to permit a 17-storey condominium.

Following a prior settlement on the OPA and ZBA, the parties reached a settlement on the Site Plan Approval and identified minor housekeeping modifications needed for the ZBA.

The Tribunal accepted uncontested expert planning evidence that the proposed Site Plan and ZBA modifications are consistent with provincial policies, conform to applicable official plans, and represent good planning.

The appeal was allowed in part to approve the Site Plan and ZBA modifications.

At a case management conference regarding appeals of an Official Plan Amendment and Zoning By-law Amendment, the Tribunal granted party status to Rex Clair Limited without objection.

The Tribunal also noted the assumption of an appeal by a successor in title and scheduled a further case management conference for April 2022 to consider the amendments.

The applicant appealed the City of Burlington's refusal of official plan and zoning by-law amendments to permit a 13-storey residential building.

Prior to the hearing, the parties reached a settlement for a revised 11-storey mixed-use building.

The Tribunal heard uncontradicted expert planning and transportation evidence supporting the revised proposal, which addressed previous concerns regarding height, massing, setbacks, and traffic.

The Tribunal found the revised proposal consistent with provincial policies and local planning objectives, allowing the appeals in part to approve the modified instruments.

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 permit a residential development.

The Tribunal issued a procedural order and issues list on consent to govern the upcoming hearing.

The parties requested a further Case Management Conference (CMC) to address details of phasing and outstanding matters in the Procedural Order regarding appeals of the City of Burlington's New Official Plan and related amendments.

The Tribunal granted the request and scheduled a further CMC for February 24, 2022.

The applicants appealed the City of Hamilton Committee of Adjustment's refusal of consent and minor variance applications to retain an existing heritage two-family dwelling and create four new single-detached residential lots.

The Tribunal allowed the appeals, finding that the proposed residential intensification on underutilized lands conforms to provincial and municipal planning policies, is compatible with the existing neighbourhood character, and represents good land use planning.

The applicant appealed the City of Burlington's failure to adopt an Official Plan Amendment and Zoning By-law Amendment to permit a 29-storey mixed-use building in the Downtown Core Precinct.

The City brought a motion to adjourn the hearing based on a Minister's oral announcement suggesting the Urban Growth Centre boundary would be moved, but the Tribunal dismissed the motion, applying the Clergy principle to assess the application under the policies in force at the time it was submitted.

On the merits, the City argued the building should be limited to 22 storeys due to shadow, wind, and urban design impacts.

The Tribunal preferred the evidence of the applicant's experts, finding no unacceptable impacts and concluding that the 29-storey proposal optimized the use of land, conformed to all relevant provincial and municipal policies, and represented good planning.

The appeals were allowed.

The City of Burlington brought a motion during a Case Management Conference to release the freeze on certain lands under an Interim Control By-law (ICBL).

The ICBL remained in effect due to appeals of a Zoning By-law Amendment (ZBA) that applied only to a specific area near the Burlington GO Station.

The Tribunal found, based on uncontested planning evidence, that the ZBA did not apply to the lands outside its specific area.

Consequently, pursuant to s. 38(6.1) of the Planning Act, the Tribunal's finding invoked the release of the ICBL for all remaining lands outside the ZBA area, allowing prior zoning to resume effect.

A case management conference was held to consider hearing appeals related to the City of Burlington's Official Plan Amendment 119, Zoning By-law Amendment 2020-418, and the new Official Plan together.

The Tribunal ordered the matters to be heard together for case management purposes.

Additionally, the Tribunal granted a motion by 409 Brant St. Ltd., finding that ZBA 2020-418 does not apply to its site, which had the statutory effect of releasing the site from the Interim Control By-law and reinstating its prior zoning.

The Ontario Land Tribunal held a Case Management Conference regarding appeals by 418 Waldemar Inc. against the City of Burlington's refusal of applications to amend the Official Plan and Zoning By-law to permit a 13-storey residential apartment building.

Following a previous decision directing the parties to file a Procedural Order with a refined Issues List, the Tribunal received the requested document on consent.

The Tribunal ordered that the submitted Procedural Order is in full force and effect.

The Tribunal held a Case Management Conference regarding appeals of a Zoning By-law Amendment and Official Plan Amendment approved by the City of Sarnia and County of Lambton.

The parties agreed that the matter did not lend itself to mediation and requested a hearing.

The Tribunal approved the draft Procedural Order on consent and scheduled a four-day video hearing for the appeals.

A Case Management Conference was held regarding multiple appeals of the Rural Hamilton Official Plan and the Urban Hamilton Official Plan.

The City of Hamilton advised that it is undertaking a municipal comprehensive review that may result in an urban boundary expansion, potentially resolving many appeals.

The Tribunal scheduled a further Case Management Conference for November 4, 2021, to allow time for the City to provide direction on the boundary expansion and for the parties to prepare an updated draft Procedural Order and Issues List.