The 36 storey structure at Brant and Lakeshore is a no go at this point. Expect the developer to appeal.

By Pepper Parr

January 4th, 2023

BURLINGTON, ON

 

Some good news on the development differences being argued at the Ontario Land Tribunal.

The city won the motion is was seeking at an Ontario Land Tribunal hearing to prevent the redevelopment the Waterfront Hotel site. .

The city won argument at the Ontario Land Tribunal.

Getting to this point was a set of complex legal arguments that we will share with you in the morning.

For the time being – the city won one at the OLT

Expect the developer to appeal the decision.

It was a good solid win. The word “made” was the point on which it all rested.

More this evening.

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2 comments to The 36 storey structure at Brant and Lakeshore is a no go at this point. Expect the developer to appeal.

  • Grahame

    What exactly did the city win?Less floors?No build?

    • Chris Ariens

      What they won was really just the definition of the word ‘made’. The application was submitted by the developer before the Minister approved the change moving the Urban Growth Centre from Downtown to the GO station. However it was not deemed a completed application by the City until after that approval. The minister’s decision was that the old rules would apply to applications ‘made’ before that date.

      So the city won the determination that the case will be assessed based on the ‘new’ definition of the Urban Growth Centre, which does not include the location of this building, and not on the ‘old’ definition which does. The developer cannot rely on the Urban Growth Centre as justification for their proposal.

      Expect it to be some time – maybe a couple of years – before the OLT renders a final decision. It is good for the city that the new definition will apply, but likely only OLT insiders know precisely how good. There are many other provincial and regional policies which the developer will use to support their case.